HomeMy WebLinkAboutCC Res 5432 2006-02-13
RESOLUTION NUMBER 5432
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL
BEACH AND THE SEAL BEACH POLICE OFFICERS
ASSOCIATION, AND THE SEAL BEACH POLICE
MANAGEMENT ASSOCIATION, AND ENUMERATING
CLASSIFICATION AND COMPENSATION AS OF JULY 1,2005
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WHEREAS, the City and the Associations met in good faith and reached an agreement
on Tuesday, December 27,2005; and
WHEREAS, the terms agreed upon were within the parameters set by the City Council in
June 2005; and
WHEREAS, the contracts between the City and the Associations are for the time period
ofJuly 1, 2005 - June 30, 2007.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal Beach
hereby approves the Memorandum of Understanding (MOD) between the City of Seal
Beach and the City Beach Police Officers Association and the Seal Beach Police
Management Association.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach
on the 13th day of Februarv , 2006 by the following vote:
AYES: Council members (h,~, J1fJA~ /cih~ ~/ ~ I
NOES: Council members 'l9.Jh, p
ABSENT: Council members ~I
ABSTAIN: Council members ~I
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Mayor
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I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5432 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach, at a regular meeting thereof held on the 13th day of Februarv ,2006.
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SEAL BEACH POLICE OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
I ARTICLE I. RECOGNITION
Section 1... ............ ...................................... ........................... ............................... ........ 1
Section 2............. ................ ................................................. ......................................... 1
Section 3.......................... ................................................. ........................ .................... 1
ARTICLE n. EMPLOYEE ORGANIZATION DUES
Section 1. Dues and Benefit Deductions .................................................................... 1
Section 2. Indemnification .......................................................................................... 1
ARTICLE III. CITY RIGHTS
Section 1 ............ ....................... ............................................. ................................ ....... 1
Section 2 ....................................................................................................................... 2
I ARTICLE IV. NON-DISCRIMINATION
Section 1........... ............... ................................................ ........................... .................. 2
Section 2 ...............................................................................,....................................... 2
ARTICLE V. COMPENSATION PLAN
Section 1. Basic Compensation Plan .......................................................................... 2
Section 2. Advancement Within Salary Ranges......................................................... 3
Section 3. Salary Increases Following Promotion
or Temporary Assignment ......................................................................... 3
Section 4. Salary Decreases - Demotion..................................................................... 3
Section 5. Adjustments of Salary Ranges................................................................... 3
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Section 6. Salary and Benefits on Suspension............................................................ 4
Section 7. Salary Adjustments During Term ............................................................. 4
ARTICLE VI. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safety Equipment .............................................. 4
Section 2. Temporary Assignment Pay...................................................................... 4
Section 3. Court Time ................................................................................................. 4
Section 4. Call-back ............................................................",..................................... 5
Section 5. Training Programs .................................................................................... 5
Section 6. Educational Incentive Pay......................................................................... 5
Section 7. Stand-by Pay/ Detective Cell Phone Compensation ................................ 6
Section 8. Experience Pay..................................................",...................................... 6
Section 9. Movie Detail.............................................................................................. 6
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ARTICLE VII. FRINGE BENEFIT ADMINISTRATION
Section 1. Administration ........................................................................................... 7
Section 2. Selection and Funding ............................................................................... 7
Section 3. Limits ......................................................................................................... 7
Section 4. Changes .......,.............................................................................,................ 7
ARTICLE VIII. HEALTH, DENTAL, LIFE & DISABILITY INSURANCE
Section 1. Health and Dental Insurance Plan.............................................................. 7
Section 2. Health Insurance Plan for Retiree's............................................................ 8
Section 3. Life Insurance Plan .................................................................................... 9
Section 4. Disability Insurance Plan ........................................................................... 9
Section 5. Premium Only Plan.................................................................................... 9
Section 6. Annual Physical......................................................................................... 9
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ARTICLE IX. RETIREMENT
Section 1 .. ......................... ................. ............... ................... .............,.........................,. 9
Section 2 ............ ............... ................. ............... ..................... ............................ ........... 9
ARTICLE X. HOURS OF WORK
Section 1. Work Period ............................................................................................... 9
Section 2. Three-Twelve Work Schedule................................................................. 10
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ARTICLE XI. OVERTIME COMPENSATION
Section 1. Overtime Defined............................................................,........................ 10
Section 2. Compensation for Overtime .................................................................... 10
Section 3. Compensatory Time................................................................................. 10
Section 4. Overtime Reporting ................................................................................. 11
ARTICLE XII. HOLIDAYS
Section 1. Recognized Holidays ............................................................................... 11
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Section 2. Holiday Compensation ............................................................................ 11
ARTICLE XIII. VACATION
Section 1. Eligibility.................................................................................................. 11
Section 2. Accrual..................................................................................................... 11
Section 3. Maximum Accrual................................................................................... 12
Section 4. Use of Vacation........................................................... ............................. 12
Section'5. Vacation Payment at Termination........................................................... 12
Section 6. Vacation Accrual During Leave.............................................................. 12
Section 7. Prohibition Against Working for City
During Vacation ....................................................................................... 13
ARTICLE XIV. LEAVES OF ABSENCE
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Section 1. Authorized Leave Without Pay............................................................... 13
Section 2. Bereavement Leave.................................................................................. 13
Section 3. Military Leave.......................................................................................... 13
Section 4. Pregnancy Disability Leave..................................................................... 13
Section 5. Unauthorized Leave of Absence.............................................................. 14
Section 6. Catastrophic Leave ................................................................................... 14
ARTICLE XV. JURY DUTY
Section 1. Compensation for Jury Duty.................................................................... 15
ARTICLE XVI. SICK LEAVE
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Section 1. General Sick Leave Provisions................................................................ 15
Section 2. Eligibility............................................... ....................................... ............ 15
Section 3. Accrual..................................................................................................... 15
Section 4. Accumulation and Payment..................................................................... 15
Section 5. Sick Leave During Vacation.................................................................... 16
Section 6. Extended Sick Leave ............................................................................... 16
Section 7. Family Leave ........................................................................................... 16
Section 8. On-the-Job Injury..................................................................................... 17
Section 9. Off-the-Job Injury .................................................................................... 17
ARTICLE XVII. PROBATIONARY PERIODS
Section 1. Appointment Following Probation .......................................................... 17
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Section 2. Objective of Probation ............................................................................. 17
Section 3. Employee Performance Appraisal........................................................... 17
Section 4. Rejection of Probationary Employee....................................................... 18
ARTICLE XVIII. LAYOFF PROCEDURES
Section 1. Policy........................................................,............................................... 18
ARTICLE XiX. MISCELLANEOUS PROCEDURES
Section 1. Tuition Reimbursement ........................................................................... 18
Section 2. Physical Fitness Program......................................................................... 18
(See Exhibit B - page 23)
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ARTICLE xx. ENTIRE MEMORANDUM OF UNDERSTANDIN
Section 1 ... ........... .............. ................................. ...................... ........................ .......... 18
Section 2. ......................... ................... ............... ...................... ............. ...................... 18
Section 3........... .............................. ....................................... ............... ............ .......... 19
ARTICLE XXI. CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct .................................................................................. 19
Section 2. Association Responsibility...................................................................... 19
ARTICLE XXII. EMERGENCY WAIVER PROVISION
Section 1... .......... .................... ............. ............. ...................... ............. ....................... 19
ARTICLE XXIII. SEPARABILITY
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Section 1 ....... ...................... ............................................. .................... .............. ......... 19
ARTICLE XXIV PERSONNEL RULES AND REGULATIONS
Section 1......... ................. ................................... .................... ................. ............ ....... 19
ARTICLE XXV. MOU REOPENERS
Section 1..................................................................................................................... 20
Section 2 ..................................................................................................................... 20
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ARTICLE XXVI. TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. Term ......................................................................................................... 20
Section 2. Negotiation Commencement Date .......................................................... 20
ARTICLE XXVII. RATIFICATION
Section 1 .............. ....................................... ............................... ....................... .......... 20
EXHIBIT A
Salary Detail............................................................................................................... 21
EXHIBIT B
Physical Fitness Program Detail................................................................................ 22
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICER'S ASSOCIATION
Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No.
769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer"
interchangeably) has recognized, for the purpose of this Memorandum of Understanding
(MOU), the Seal Beach Police Officer's Association (SBPOA) as the majority
representative of the employees in the bargaining unit, which includes Police Department
full-time employees in the classifications and assignments of: a) Police Officer and b)
Police Corporal.
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ARTICLE 1- RECOGNITION
Section 2. The City recognizes the Association as the representative of the employees in the
classification and assignments set forth in Section 1. above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act,
Govemment Code Section 3500 et esq., when City Rules, Regulations, or laws affecting
wages, hours, and/or other terms and conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of Association, not to exceed six (6) in
number, shall be entitled to meet and confer with Management during said representatives'
normal working hours without suffering any loss in pay while absent from the duties for
such purpose, providing that such time per person shall not be unreasonable. The City also
agrees that such representatives may utilize not more than six (6) hours per month or
seventy-two (72) hours per year without suffering any loss in pay for such absence for the 1
purpose of meeting with employees who are members of Association and/or other offices of
Association.
ARTICLE 11- EMPLOYEE ORGANIZATIONAL DUES
Section 1. Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all members of the
Association for regular and periodic dues and benefit program premiums as specified by
agreement between the City and the Association and signed by the member. The
Authorization Form content shall be mutually agreed to by the Association and the City.
B. The City shall remit such funds to the Association within fifteen (15) days
following the deductions.
C. The City shall make payroll deductions for purposes of an employee depositing
funds or making payments directly to a Federal Credit Union, providing that any deductions
shall not be less than two dollars ($2.00) on a bi-weekly basis.
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
monies deducted from the employees pursuant to this Article.
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ARTICLE 11I- CITY RIGHTS
Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this MOU or
by law in the exercise of it's rights to manage the business of the City, as such rights existed
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prior to the execution of this MOD. The sole and exclusive rights of management, not
abridged by this MOD or by law, shaH include, but not be limited to, the foHowing rights:
A. To determine the nature, manner, means technology and extent of services and
activities to be provided to the public.
B. 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.
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C. To determine and change the number of locations, 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.
D. 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.
E. To establish and modify employee performance standards and productivity and
performance programs including, but not limited to, quality and quantity standards, and to
require compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to maintain
order, safety and efficiency in the City, it's facilities and operations.
G. To determine policies, procedures and standards for the selection, training and
promotion of employees.
H. To discharge, suspend, demote or otherwise discipline employees for proper
cause in accordance with the provisions and procedures set forth in departmental
disciplinary procedure.
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Section 2. Where the City is required to make changes in its operations because of the
requirements of law, or whenever the contemplated exercise of City Rights shall impact the
wages, hours, and other terms and conditions of employment 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 MOD.
ARTICLE IV - NON-DISCRIMINATION
Section 1. The City and the Association agree that they shaH not discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations. The City and the Association shall reopen any provision of this MOD for the
purpose of complying with any final order of the federal or state agency or court of
competent jurisdiction requiring a modification or change in any provision or provisions of
this MOD in compliance with state or federal anti-discrimination laws.
Section 2. Whenever the masculine gender is used in this MOD, it shall be understood to
include the feminine gender.
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ARTICLE V - COMPENSATION PLAN
Section 1. Basic Comoensation Plan
A. AH employees covered by this MOD shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a salary range
adopted by the City Council. The salary schedule shall consist of five (5) steps within each
range.
B. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigncd, upon appointlnent, to other than the normal
entering salary step within the assigned range upon the recommendation of the Chief of
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Police and the approval of the City Manager when it is decided that such action is in the
best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at the end of
six (6) months of employment subject to the recommendation of the Police Chief and
approval of the City Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee
to improve his work and to recognize increased skill on the job. Employees are normally
eligible for these adjustments at any time after the completion of one (1) year of service at
the preceding step. Each adjustment shaH be made subject to the recommendation of the
Chief of Police and approved by the City Manager.
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Section 2. Advancement within Salary Ranges
A. In order to properly compensate an employee, advancement in salary shall be
based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased
service value of the employee to the City.
C. The Chief of Police and/or the employee's immediate supervisor shall be
responsible to evaluate employees fairly in an unbiased fashion for the determination of job
performance. Advancement shall be made only upon recommendation of the Chief of
Police with approval of the City Manager.
D. An employee must be reviewed at least once every twelve (12) months from the
effective date of his last performance step increase, special performance advancement or
promotion. Nothing contained herein shall restrict the Chief of Police from denying the
increase after evaluation, nor shall it prevent him from recommending special performance
advancement in salary at any time when unusual or outstanding achievement has been
demonstrated.
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E. It shall be the responsibility of each supervisor to establish realistic achievement
levels for each step increase within a salary range. Achievement levels may be formal or
informal and shall be reviewed by the Chief of Police for the purpose of maintaining
uniformity of standards throughout the department.
Section 3. Salarv Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a position with a
higher salary range, the employee shall be compensated at a step of the salary range
assigned to the new position that is closest to providing a five percent (5%) salary increase
over the base salary received immediately prior to promotion.
B. Temporary Appointment - In special circumstances, when in the best interest of
the City, the City Manager may approve a temporary assignment of an employee to higher-
level classification. In such temporary assignments lasting thirty (30) consecutive calendar
days or more, the employee shall be compensated at a step of the salary range assigned to
the new position that is closest to providing a five percent (5%) salary increase over the base
salary received prior to the temporary appointment.
Section 4. Salarv Decreases Following Demotion
In the case of a demotion of any employee in the department to a classification with
a lower maximum salary, such employee shall be assigned to the appropriate salary step in
the new classification as recommended by the Chief of Police and approved by the City
Manager. The employee shall retain his previous anniversary date.
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Section 5. Adiustments of Salarv Ranges
When a salary range for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing salary adjusted
to the same relative step in the new salary range and their anniversary date shall not be
changed.
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Section 6. Salarv and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee shall forfeit all
rights, privileges and salary, except he shall not forfeit his medical health plans including
dental, retirement plan, disability insurance, or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for loss of
income and benefits during the period of suspension.
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Section 7. Salarv adiustments during Term of Memorandum of Understanding
Attached hereto and incorporated herein is Exhibit "A". Said Exhibit effects base salary
adjustments for represented classifications as follows:
A. Effective first payroll period July, 2005, a four percent (4%) base salary
mcrease.
B. Effective first payroll period following July 1, 2006 an amount equal to the
increase in the - CPI, all urban consumers LA-Long Beach for the twelve (12) months
ending in April 2006, subject to a minimum increase of three percent (3%) and a
maximum increase of five percent (5%).
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safetv Eauipment
A. An employee, whether or not said employee wears a traditional uniform, shall
receive an annual uniform allowance of eight hundred dollars ($800) effective the first
payroll period following July 1, 2005.
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B. The City shall provide the initial issue of uniforms to include two (2) pants and
two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other
safety equipment as required by law or deemed necessary by the City. The City shall
replace and/or repair any equipment damaged within the course and scope of the employees'
employment. Recurring maintenance, repair and/or replacement due to normal wear shall
be the responsibility of the employee.
C. An employee assigned as a motor officer shall receive an initial issue of required
uniform items incident to such duty. Such items include, but are not limited to: jacket,
boots, gloves, and two (2) pair of trousers.
Section 2. Temporarv Assignment Pav
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer
performing duties of a Field Training Officer shall receive one-half (1/2) hour compensation
at straight time for either payment or compensatory time off for each shift of recruit training.
A shift shall be understood to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible member
performing the duties of a Field Training Officer for Voluntary Reserve Officers shall
receive one-half hour (1/2) compensation at (straight time) for either payment or
compensatory time off for each shift of recruit training. A shift shall be understood to be
six (6) or more hours.
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C. Motorcycle Officer - An officer assigned as a motor officer shall work an
average of two and two-thirds (2-2/3) hours per month in caring for the motorcycle and
related equipment required in said assignment. This time shall be paid in accordance with
provisions governing the computation and payment of overtime.
Section 3. Court Time
A. An employee called for a subpoenaed court appearance which arises out of the
course of his employment and not contiguous with his work shift shall be compensated for a
minimum of two-and-two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times
the employee's regular hourly rate of pay. Should the appearance exceed two and two-thirds
(2-2/3) hours, the employee shall receive pay for the actual appearance time, excluded court
designated lunch period, at the rate of one and one-half (1-1/2) times the employee's regular
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hourly rate of pay. Court appearance time shall begin when the employee departs from the
Police station to go directly to Court.
B. Any appearance that is contiguous with a regular work shift is not subject to the
two and two-thirds (2,2/3) minimum.
C. All employees agree to comply with the "on-call" policies administered by the
department. Should an officer be placed "on-call" during off duty hours for court
appearance(s) he shall be granted two hours pay at the employee's straight time hourly rate
for any on call time prior to 12:00 noon and two (2) hours for all "on-call" time after the
hour of 12:00 noon.
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Section 4. Call-back
Employees who are called back to duty after having completed a normal shift or work day
assignment and departing from the work premises shall be paid one and one-half (1-1/2)
times the employee's regular straight time hourly rate for each hour worked on call-back.
Call-back time shall commence from the time the employee is called back to service.
Section 5. Training ProgramS
A. The City shall pay reasonable expenses incurred by employees attending
approved training programs. Expenses include registration fees and the costs of purchasing
required course materials, travel to and from the training course, meals and lodging shall be
reimbursed per the City's adopted Per Diem policy.
B. Employees attending City approved Police Officers Standards and Training
(POST) training programs requiring an overnight stay(s) will receive a per diem allowance
or provided as provided by POST.
C. When an employee is sent by the City to a training program which is not a part
of his regular work schedule, the employee shall receive eight (8) hours pay for each full
day of training and such eight (8) hours pay shall be credited towards the computation of
overtime.
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Section 6. Educational Incentive Pav - effective the first payroll period of January 2006.
A. Employees covered by this section who have completed forty-five (45) semester
units of credit from an accredited college or university with at least sixteen (16) units in the
field of Police Science shall receive the following compensation in addition to their base
ll!onthly rate of pay:
Police Officer/Police Corporal.........................$ 105.00/month
B. Employees covered by this section who have completed sixty (60) semester units
of credit from an accredited college or university with at least nineteen (19) units in the field
of Police Science or have attained a POST Intermediate Certificate shall receive the
following compensation in addition to their base monthly rate of pay:
Police Officer/Police Corporal. . . . . . . . . . . . . . . . . . . . . . . . . $175.00/month
C. Employees covered by this section who have completed a Bachelor's Degree
from an accredited college or university with at least twenty-two (22) units in the field of
Police Science or have attained a POST Advance Certificate shall receive the following
compensation in addition to their base monthly rate of pay:
Police Officer/Police Corporal. . . . . . . . . . . . . . . . . . . . . . . . .$205.00/month
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D, The above payment compensation shall be based on achievements over and
above the job requirements established in the position classification plan for each
classification. Payment to employees shall be based on the highest achievement level only;
Le., employees with an Associate or Bachelor's degree will receive compensation for the
Bachelor's degree only.
E. Employees receiving Education Incentive Pay shall not lose that pay if they are
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promoted to a classification which requires the education for which the employee is
receiving the additional pay. If the minimum educational requirements are lawfully
changed during the term of the MOU, employees receiving an educational incentive pay
will not be affected by such change and will not suffer any loss of such incentive pay.
F. All payments under this Section are subject to verification approval by the City
Manager.
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G. Employees serving an original probationary period shall be ineligible to receive
educational incentive pay.
Section 7. Stand-bvPav
A. Detective Supervisor(s) may be assigned by the Chief of Police to "stand-by"
status.
B. Detective Supervisors required to carry a pager shall receive eight (8) hours of
compensatory time off per month. During any such month where the individual carries a
pager for less than the entire month, the number of compensatory time off hours shall be
reduced in an amount reflecting the pro-rated monthly time during which a pager was
carried. Such compensatory time offhours shall be maintained in an account separate from
and in addition to compensatory time off hours described in Article XI, Section 3. Any
compensatory time off hours eamed in accord with this Section, and not utilized by July
31 st of any year shall be forfeited effective July 31 st of any year and not converted to cash.
C. Each affected employee who is assigned to the Detective Bureau and who is on
"standby" weekend duty shall be provided four (4) hours of compensatory time off or pay
for each standby weekend.
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D. Detective Assignment - Mobile Phone Allowance - Effective the January 1,
2006, Association members who are assigned to work the detective detail shall be paid a
seventy-five dollars ($75) per month Mobile Phone Allowance. The allowance ceases
when the member returns to regular patrol duties.
Section 8. Experience Pav
A. Qualified employees of the Association, hired before January 1, 1992, with a
minimum often (10) years of full time service as a sworn peace officer with a Municipal,
County or State Police agency meeting POST standards, or their equivalent, shall be eligible
to receive experience pay.
B. To qualify for experience pay, an employee must meet the minimum years of
service required and receive an overall satisfactory performance appraisal signed by the
Chief of Police, his designate or an individual acting in his capacity.
C. Experience Pay shall be an increased in the qualified employee's base salary as
follows:
1. After ten (10) years of service, experience pay shall be paid at a rate of
five percent (5%) of the qualified employee's base salary.
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2. After twenty (20) years of service, experience pay shall be paid at a rate
of ten percent (10%) of the qualified employees' base salary, not including the prior
increase.
Section 9. Movie Detail
Effective with the ratification of this agreement, unit employees shall be paid sixty dollars
($60) per hour for outside movie details. It is understood that time spent on movie details is
brokered outside work and is not considered time worked for the purpose of calculating City
overtime compensation.
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ARTICLE VII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any fringe benefit
programs that now exist or may exist in the future during the term of this MOU unless
otherwise specified within this MOU.
Section 2. Selection and Funding
In the administration of the fringe benefit programs, the City shall have the right to select
any insurance carrier or other method of providing coverage to fund the benefits included
under the terms of the MOU, provided that the benefits of the employees and affected
retirees shall be no less than those in existence as of implementation of this MOU.
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Section 3. Limits
A. City shaH not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive
days, unless specifically provided for within this MOU, authorized by the City Manager or
otherwise provided for by federal or state "Family Leave Acts" and/or "Workers
Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee who has been absent without authorization during said month,
suspended without pay, or who has terminated from City employment unless specifically
provided for within this MOU.
C. City shaH not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee when such premiums or fringe benefits are provided to the
employee through Workers Compensation and/or the Disability Insurance Plan.
Section 4. Changes
If, during the term of this MOU, any changes of insurance carrier or method offunding for
any benefit provided hereunder is contemplated, the City shall notifY the Association prior
to any change of insurance carrier or method of funding the coverage.
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ARTICLE VIII - HEALTH AND DENTAL. LIFE AND DISABILITY INSURANCE
Section 1. Health and Dental Insurance Plan
AI. Effective January 1, 2006, for the employees covered by the terms of this
MOU, upon having completed thirty (30) days of uninterrupted service, the City shall pay
up to the foHowing amounts for health and dental insurance):
For single employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $466/month
For employee + 1 dependent. . . . . . . . . . . . . . . . . . . . . . . , . $692/month
For employee + 2 or more dependents. . . . . . . . . . . . . . . . . $858/month
*NOTE: Unused amounts may be applied to Dental Insurance.
A2. Effective January 2007, the above cap shaH be increased by average
percentage increase of plan in Orange County. The percentage is determined by CalPERS
and published in the PERS PEMHCA Circular Letter issued each year under basic plans.
B. For employees covered by the terms of this MOU, upon having completed thirty
(30) days of uninterrupted service, the City shall pay an additional contribution towards
dental insurance, as listed below:
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For single employees. . . . . .... . . . . . . ... . . . . . . . . $16 per month
For two-party coverage. . . . . . . . . . . . . . . , . . . . . . . . .$30 per month
For family coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . $48 per month
C. Subject to Public Employees' Retirement System (PERS) administration
requirements, the City shall make available to eligible employees participation in the group
Page 7 of24
medical plans offered by PERS.
D. Employees who elect to waive enrollment in medical and dental coverage may
receive two hundred fifty dollars ($250) per month (upon showing proof of health insurance
coverage under an alternative plan.) Election forms are available in the Personnel Office.
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Section 2. Health Insurance Plan for Retiree's
A. The City shall, subject to PERS administration requirements, make available to
eligible retiree's participation in the PERS medical plans and shalI contribute one dolIar
($1.00) per each retired Seal Beach POA employee, should the employee elect to participate
in PERS medical benefits with the cost of the City's contribution to be increased each future
year by five percent (5%) of City's contribution for current POA employees as reflected in
Article VIII, Section lA (reference to allowable contributions).
B. The City shall provide to any retired employee (either service or disability) who
is employed on August 1, 1983, and who has both fifteen (15) or more years of consecutive
City service and has attained the age of fifty (50) the folIowing group medical insurance
benefits:
1
1. The City shall pay for such retired employee and spouse, the percentage
of the group medical insurance premium (employee and one dependent) which is paid by
the City on behalf of its active employees on the date that such retired employee's retirement
is effective. Such percentage share of the premium cost shalI remain unchanged throughout
the lifetime of the retired employee, even though the percentage share of the group medical
insurance premiums paid by the City to active employees may change from time to time.
For example, if the group medical insurance premiums for an employee and spouse was
three hundred dolIars ($300) per month and if the City and the Association were to agree in
the future that the City would pay two hundred eighty five dolIars ($285) of this monthly
premium, then an employee retiring at such time would be entitled to a City payment equal
to ninety-five percent (95%) of whatever the group medical insurance premium cost is for
an employee and spouse, as it may from time to time exist through that retired employee's
lifetime.
2. The substantive nature and description of the group medical insurance
policy and the benefits thereunder for the retired employee shall be identical to the policy
and benefits to which an active employee is entitled. Therefore, it is understood that the
benefits to which a retired employee is entitled pursuant to this MOU Section, can, and will
almost certainly, vary from year to year depending upon the nature and substance of medical
insurance and plans agreed to from year to year by the City and the Association. Therefore,
the nal11re and substance of policy benefits can increase remain constant or decrease in
accord with the provision.
3. In order to maintain eligibility for the group medical insurance benefits
described herein, eligible retired employees shalI participate to the fullest extent possible, in
those benefits provided under Title 18 of the Social Security Act (commonly known as
Medi-Care). However, no such participation shall cause the retired employee to receive
lesser group medical insurance benefits than he or she would otherwise be entitled to as an
active employee, nor shall such participation cause the retired employee's spouse to receive
lesser benefits than such spouse would be eligible for if the retired employee were an active
employee.
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4. Any retiree receiving benefits as described herein may elect to continue
medical coverage for dependents at his or her own expense.
5. Within thirty (30) days after meeting the eligibility requirements stated
above for the receipt of premium payments by the City, the retired employee shall notify the
City in writing whether he or she desires to participate in the group medical insurance
program provided herein for retirees. If the retired employees fail to timely give such
notice, any and all rights and benefits provided this Section shall be deemed waived by such
employee. In the event that the retired employee gives such notice within thirty (30) days,
such retired employee shall have a vested right to receive the group medical insurance
benefits provided by this Section, and therefore, no ful11re actions of the Association and/or
Page 8 of 24
the City shall diminish such payments received by the retired employee.
6. If any individual retires before reaching age fifty (50), the individual shall
have the option at his or her own expense, of enrolling himself or herself and any
dependents in said group medical policy as it from time to time exists. Additionally, any
retired employee, employed on August 1, 1983 and who has fifteen (15) or more years on
consecutive City service, but has not obtained the age of fifty (50), has the option of
participating in the City group hospital and medical insurance plans, all at the employee's
expense: upon attaining age fifty (50) such employee will be eligible for the benefits of 1
subsections 1 and 5 of this section.
Section 3. Life Insurance Plan
The City shall pay one hundred percent (100%) of the premium for a term life insurance
policy with a face value of thirty-seven thousand dollars ($37,000), double indemnity
accidental death benefit and a dependent death benefit in the amount of one thousand
dollars ($1,000) per dependent.
Section 4. Disability Insurance Plan
The City shall pay one hundred percent (100%) of the premium for the "employee's" long-
term disability insurance plan with an income continuation of not less than sixty-six and
two-thirds percent (66-213%) of the enlployee's monthly salary subject to caps and
eligibility requirements as set forth within the policy of the accepted carrier. Modifications
to the plan shall be made only after the City has met and consulted with the Association and
such modification made a part of the MOU.
Section 5. Premium Onlv Plan (ore-taxed deduction)
The City will provide a Premium Only Plan (POP) for health and dental benefits. This plan
will allow for payroll deduction medical and dental insurance coverage to be made before
taxes (non-taxable) through salary reduction.
Section 6, Annual Phvsical 1
The City shall provide a physical exam periodically as indicated below for the purpose of
detecting heart trouble and cancer. The exam shall be given by a City appointed physician
who is acceptable to the Association. Cost of said physical exam shall be borne by the City.
The resulting diagnosis shall be submitted to the City as well as the employee together with
specifics of corrective treatment.
Phvsical Exam Schedule:
1. New Employee
2. Employee under 40
3. Employee 40 & over
Second year following appointment
Alternate years
Every year
ARTICLE IX - RETIREMENT
Section 1. The City shall make contributions for the public safety personnel covered by this
MOU to the PERS plan known as three percent (3%) at fifty (50) with those benefit options
as provided for in the contract between the City and PERS. Modification(s) to the contract
shall be made only after the City has met and consulted with the Association and such
modification(s) made a part of the contract between the City and PERS consistent with the
requirements ofPERS.
Section 2. The City shall pay the entire employee's contribution to their retirement plan and
place it in the employees' individual PERS retirement accoUnts.
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ARTICLE X - HOURS OF WORK
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the Fair Labor
Standards Act) shall be three hundred thirty-six (336) continuous hours (fourteen (14)
consecutive days). All full-time law enforcement personnel shall be regularly assigned one
Page 9 of24
of the following work schedules:
1. ''Three-twelve'' - three (3) consecutive three (3) day work weeks
consisting of three (3) twelve (12) hour and twenty (20) minute work days followed by a
four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute
work days and one (1) twelve (12) hour work day.
2. "Four-ten" - a work week consisting of ten (10) hours/day, four (4)
1
days/week.
3. "Five-eight" - a work week consisting of eight (8) hours/day, five (5)
days/week.
Section 2. Three-Twelve Work Schedule
A. The standard work week shall be thirty-seven (37) hours or forty-nine (49) hours
depending on the number of days worked in a work week pursuant to A. 1. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during
the forty-nine (49) hour work week of the work period will be considered regular straight
time hours for the intention to report forty (40) hours of regular hours during a work week.
ARTICLE XI- OVERTIME COMPENSATION
Section 1. Overtime Defined
A. Three-Twelve Work Week
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in
Article X, Section 1.A.I. and time worked on scheduled days off.
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B. Four-Ten Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article X,
Section I.A.2.
C. Five-Eight Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article X,
Section 1.A.3.
Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shaII be compensated in payor compensatory
time at the rate of one and one-half (1-112) times the straight time hourly equivalent of the
base monthly pay rate.
B. In computing overtime for a regular work week or work period, time absent from
duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be
considered as time deemed to have been worked.
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C. If members regular work schedule in any fourteen (14) day FLSA cycle is less
than eighty-six (86) hours, they will be paid overtime for those hours worked above their
regular work schedule.
Section 3. Compensatorv Time
A. Employees may elect to receive compensatory time in lieu of pay for overtime
subject to B. and C. below.
B. Should an employee desire to take compensatory time off, he shall file a written
request with the Chief of Police who shaII grant time off unless it interferes with the normal
operation staffing of the police department.
C. Employees shall be permitted to accumulate a maximum of seventy-five (75)
Page 10 of24
hours of compensatory time. An employee who accumulates an excess of seventy-five (75)
hours of compensatory time will be reimbursed within the pay period earned for that
amount in excess of seventy-five (75) hours.
D. An employee may, upon written request submitted to and approved by the City
Manager, receive reimbursement for the requested number of hours of accrued
compensatory time below the cap of seventy-five (75) hours. Reimbursement shall occur
with the next regular payroll following the pay period in which the employee's written
request has been approved by the City Manager.
Section 4. Overtime Reoorting
In order for an employee to earn compensation for overtime, he must receive the
supervisor's or the Chief of Police's approval. Overtime worked to meet an emergency
situation does not require advance approval, but shall be certified by the Chief of Police
before being credited to the employee's record.
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ARTICLE XlI- HOLIDAYS
Section 1. Recognized Holidavs
For pay purposes, the following holidays are recognized:
New Year's Day
Independence Day
Thanksgiving Day
Christmas Day
(January 1)
(July 4)
(Fourth Thursday in November)
(December 25)
*Floating Holiday - A federally-recognized holiday as selected by employee
Section 2. Holidav Comoensation
A. Employees covered by this MOU shall be entitled to one hundred twenty (120)
compensated holiday hours per calendar year.
1
B, Compensation for holidays will be paid on a monthly basis at a monthly rate of
one twelfth (1I12th).
C. Employees who work on a designated holiday shall eam, at the straight time rate,
a corresponding number of hours to the hours worked on said holiday. The employee may
choose to be compensated as time off or pay.
. Floating holidays may be individually selected by the employee subject to the
approval of the Chief of Police. Employees shall choose their floating holiday as
follows:
Patrol - Any Federally recognized holiday or the day after Thanksgiving or the
employee's birthday, excluding Memorial Day or Labor Day,
AdministrativelInvestigations - Any Federally recognized holiday, day after
Thanksgiving or the employee's birthday.
ARTICLE XIII- VACATION
1
Section 1. Eligjbilitv
All permanent full-time employees having completed one (1) year of continuous service
with the department and annually thereafter, shall be eligible for a paid vacation at their
current rate of pay.
Section 2. Accrual
A. Vacation leave is accumulated yearly and is computed on the basis of the
employee's hire date as a regular full-time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the date of initial
Page 11 of24
employment as a full,time probationary or permanent employee to the anniversary date
concluding the full year of the designated year.
C. Effective February 4, 1998 all eligible unit employees hired after February 1,
1998 will accrue vacation leave by the following schedule:
Years Hours Max. Hourly Accrual Annual
Of Service Earned RatelPav Period Bi- W eeklv Vacation Hours
1 0-5 Years 80 3.0769 80 hours
6-14 120 4.6153 120 hours
15+ 160 6.1538 160 hours
D. An eligible employee hired prior to February 1, 1998 shall accrue vacation leave
by the following schedule:
YEARS
SERVICE
0-5
6
7
8
9
10 or more
HOURLY ACCRUAL RATE
PER PAY PERIOD
4.615
4.923
5.231
5.486
5.539
6.154
ANNUAL
ACCRUAL RATE
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
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Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of the amount
accrued in the thirty (30) months immediately preceding the employee's anniversary date of
employment. If the needs of the service require that a sworn employee be denied the use of
accrued vacation time and such denial is anticipated to result in a cessation of accrual, the
employee may request that his maximum accrual be increased to an amount not to exceed
the amount accrued in the preceding thirty-six (36) month period. Such request must be
submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval
of the Chief of Police and City Manager.
B. The accrual of vacation shall cease when an employee's accumulated vacation is
at the maximum provided in this Section. Additional vacation shall begin accruing when
the employee's vacation balance falls below the maximum.
Section 4. Use of Vacation
A. The time at which an employee's vacation is to occur shall be determined by the
Chief of Police with due regard for the wishes ofthe employee and particular regard for the
needs ofthe service.
B. Employees who have completed five (5) years or more of continuous service
may elect to be paid for up to a maximum of forty (40) hours of accrued vacation on an
annual basis provided that forty (40) or more hours have been taken as vacation time off
during the course of the prior twelve (12) months. Request for payment shall be made thirty
(30) days prior to the employee's anniversary date of employment or in conjunction with a
vacation request of forty (40) or more hours.
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Section 5. Vacation PaYment at Termination
A. Employees terminating employment shall be paid in a lump sum for all accrued
vacation leave no later than the next regular payday following termination.
B. When termination is caused by death of the employee, the employee's
beneficiary shall receive the employee's pay for unused vacation. In the event an employee
has not designated a beneficiary, the payment shall be made to the estate ofthe employee.
Section 6. Vacation Accrual During Leave of Absence
No vacation leave shall be earned during any leave of absence without pay for each fourteen
(14) day period (pay period) of such leave.
Page 12 of24
Section 7. Prohibition Against Working for City During Vacation
Employees shaH not work for the City during their vacation and, thereby, receive double
compensation from the City.
ARTICLE XIV - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pav
A. Upon the Police Chief's recommendation and approval of the City Manager, an
employee may be granted a leave of absence without pay in cases of an emergency or where
such absence would not be contrary to the best interest of the City, for a period not to
exceed ninety (90) working days.
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B. Upon written request of the employee, the City Council may grant a leave of
absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave, after notice to return to duty, the
employee shall be reinstated to the position held at the time leave was granted. Failure on
the part of the employee to report promptly at such leave's expiration and receipt of notice to
return to duty shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be
eligible to accumulate or receive fringe benefits except as specifically provided for in this
MOU, except that the City shall contribute to an employee's medical and dental health plan,
disability insurance plan, life insurance plan for the first thirty (30) days of the leave of
absence.
Section 2. Bereavement Leave
Employees may be granted up to forty (40) hours of bereavement leave of absence by
reason of a death in their immediate family which shall be restricted and limited to father,
mother, step-mother, step-father, brother, sister, spouse, child, step-child, grandmother,
grandfather, mother-in-law, father-in-law, or all degree of relatives not listed but living
within the household of the employee.
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Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of State law.
All employees entitled to military leave shall give the Chief of Police an opportunity within
the limits of military regulations to determine when such leave shall be taken. Whenever
possible, the employee involved shall notiJy the Chief of Police of such leave request ten
(10) working days in advance of the beginning ofthe leave.
B. In addition to provision of State law, the City shall continue to provide eligible
employees on military leave the current health benefits (medical, dental, disability and life
insurance and retirement (if applicable) for the first three (3) months of military leave.
During said period, the employee shall be required to pay to the City the same co-payments
as required of other employees. After the first three (3) months of military leave, the
employee may continue said benefits at his cost.
Section 4. Pregnancv Disabilitv Leave of Absence
A. An employee who is disabled due to pregnancy shall be granted a pregnancy
disability leave for a minimum period of three (3) months provided that a lesser period may
be granted upon request of the employee.
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B. Disabilities arising out of pregnancy shall be treated the same as other temporary
disabilities in terms of eligibility for, or entitlement to, sick leave with or without pay,
extended sick leave, or accumulated sick leave.
C. Employees are encouraged to report the existence of pregnancy. Where the
nature of the duties performed is hazardous or burdensome, the employee may be required
to submit medical evidence as to fitness for the performance of duties of the position.
Page 13 of24
D. Employees shall be placed on medical leave when the employee's physician
states that medical disability would interfere with the performance of the duties of the
position or continuing work would be hazardous. Should disagreement arise between the
Chief of Police and the employee's physician as to the hazardous nature of the job or the
ability of the employee to perform the job, a physician representing the City, to the extent
protected by law, will resolve the conflict.
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E. Following childbirth and upon release from medical treatment for the disability
resulting from the pregnancy, the employee must submit a medical statement of fitness to
perform the duties of the position to the Personnel Department. At that time, a
determination will be made for a return to work date with reinstatement to be accomplished
as expeditiously as is reasonably practicable.
Section 5. Unauthorized Leave of Absence
Unauthorized leave of absence is days, or portions of days, wherein an employee is absent
from work without City approval. Unless subsequently approved, such absence will result
in a deduction from the employee's pay of an amount equivalent to the time absent.
Employees taking unauthorized leave ofabsence may be subject to disciplinary action, up to
and including termination of employment.
Section 6. Catastrophic Leave
A. Establishment - In a side letter agreement between the City and the
Association signed on August 8, 2005, a Catastrophic Leave Program for the Association
was established which allows donation of paid time for members of the Association.
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B. Pumose - The purpose of the Catastrophic Leave Pool is to enable full-time
employees to receive and donate vacation, administrative leave, and compensatory time
off (CTO) leave credits on an hour for hour basis to assist employees who have no
remaining bank balances and who will suffer a financial hardship due to prolonged illness
or injury to themselves, or a member of their immediate family. Sick Leave is excluded
from this program. The conditions of this program are as follows:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Administrative Services
(Finance) Department.
3. Employees must be in regular full-time appointed positions to be
eligible for catastrophic leave.
4. Employees receiving Long-Term Disability payments may participate
in this program, but may not receive combined payments that would exceed their normal
take home pay.
5. All donations are to be confidential, between the donating employee
and the Administrative Services (Finance) Department.
6. Employees donating to the pool must have forty (40) hours of paid
leave available after making a donation.
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7. Donating employees must complete a Catastrophic Leave Program
form with a signed authorization, and includes specifying the specific employee to be a
recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family
member may required medical justification as evidenced by a Physician's Statement that
Page 14 of24
the presence of the employee is necessary.
11. Catastrophic Leave due to illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's condition.
ARTICLE XV - JURY DUTY
Section I. Compensation for Jurv Duty
A. Employees required to report for jury duty shall be granted leave of absence for
such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall
receive full payment for the time served on jury duty, provided the employee remits any fees
received for such jury service, excluding payment for mileage, to the City's Finance
Department. Compensation for mileage, subsistence or similar auxiliary allowance shall
not be considered as a fee and shall be retumed to the employee by the Finance Department.
I
B. If the sum of the employee's jury duty responsibilities is less than a full work
day; the employee shall contact his supervisor as to the feasibility of returning to work that
day.
ARTICLE XVI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or disability,
medical or dental treatment, and family leave or as authorized by the City Manager under
special circumstances. The employee requesting sick leave shall notiJy his immediate
supervisor or Chief of Police prior to the time set for reporting to work. Sick leave with pay
shall not be allowed unless the employee has met and complied with the provisions of this
MOU.
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B. Sick leave shall not be granted for disability arising from any sickness or injury
purposely self-inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of physical
fitness for duty for sick leaves in excess of three (3) consecutive working days for those
on a twelve (12) hour shift and in excess of four (4) consecutive working days for those
on other shifts.
Section 2. Eligibility
All employees covered by this MOU shall bc eligible to accrue sick leave.
Section 3. Accrual
A. Sick leave shall be accrued at the rate often (10) hours per calendar month for
each calendar month that the employee has worked regularly scheduled hours and/or has
been on authorized leave which provides for full pay, for at least fifteen (15) working days
in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired prior to July 1,
1985, will be placed into a newly established sick leave bank at the rate of ten (10) hours
per calendar month for each calendar month that the employee has worked regularly
scheduled hours. This new sick leave bank, established February 4, 1998, cannot be cashed
out for disability retirement. Accumulated sick leave shall not be used to postpone the
effective date of retirement as determined by the City
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Section 4. Accumulation and Pavrnent
A. There is no limit on the amount of sick leave that an employee may accumulate.
B. An employee may be paid for unused sick leave pursuant to the following:
1. Employees who have not completed fifteen (15) years of services with
Page 15 of24
the City will not be eligible to be paid for any accumulated sick leave, nor shall any
accumulated sick leave be used to postpone the effective date of retirement as determined
by the City.
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2. Employees who have completed fifteen (15) years of service with the
City shall be paid for accumulated sick leave in the lesser amount of (i) twenty-five percent
(25%) of his accurnulated sick leave at the employee's final hourly rate of payor (ii) two
thousand five hundred dollars ($2,500). Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City.
3. Employees employed prior to July 1, 1985, who are retired because of
work related disabilities will be paid all of their accumulated sick leave at their final rate of
pay. Accumulated sick leave shall not be used to postpone the effective date of retirement
as determined by the City. Any sick leave accrued after February 4, 1998 will be placed in
the sick leave bank set forth in Section 3.B above, and is not eligible for this payout
provision.
Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of illness charged to
his accumulated sick leave provided that:
A. Immediately upon retum to duty, the employee submits to his supervisor a
written request for sick leave and a written statement signed by his physician describing the
nature and dates of illness.
B. The Chief of Police recommends and the City Manager approves the granting of
such sick leave.
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Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of sick leave
accumulation, the employee may request in writing, to the Chief of Police and City
Manager, a leave of absence without pay for the purpose of recovering from the illness,
provided:
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and consideration
by the City Manager, a written explanation of the employee's illness and an estimate of the
time needed for recovery signed by the employee's physician.
C. Prior to resuming his duties, the employee may be required to take a medical
examination at City expense and provide a medical release to return to work from the
employee's physician as prescribed by the City Manager. The employment record and the
results of such examination shall be considered by the City Manager in determining the
employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) days. If the employee
desires an extension, he shall follow, prior to the termination of the initial leave, the
procedure described in sub-paragraph 2 above.
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Section 7. Familv Leave
Upon a demonstration of need and subject to the following conditions, an employee may
take sick leave and/or unpaid leave to care for his newbom infant, whether through
parentage or adoption, or a seriously ill or injured member of the employees "immediate
family" as defined in Article XlI Section 2. Bereavement Leave.
A. Proof of the birth or adoption of a newbom infant or the serious iIlnesslinjury of
the family member must be submitted to the City.
B. Requests for family leave must be submitted in writing to the employee's
supervisor at the earliest possible date proceeding the time when the leave is to begin.
Page 16 of24
C. Operational needs of the City shall be relevant in determinations regarding the
granting of family leave in accordance with the provisions of State and Federal Family
Leave laws.
D. In the event of an extended family leave, the employee may be required to
periodically report on the status of the situation giving rise to the leave.
E. Family leave may be granted only upon the recommendation of the Chief of
Police and approval of the City Manager consistent with the provisions of State and Federal
Family Leave laws.
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F. A maximum of four hundred (400) working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any two (2) year period
unless a greater amount is prescribed by state or federal law.
Section 8. On The Job Iniurv
Employees who are disabled by injury or illness arising out of and in the course of their
duties as public safety employees of the City, shall be entitled to the benefits of California
Labor Code Section 4850 as the Section now exists or is hereinafter amended. Any
payments made pursuant to this Section shall not be charged as sick leave; sick leave and
vacation benefits shall accrue during the period of disability pursuant to the provision of
Califomia Labor Code Section 4850.
Section 9. Off The Job Iniury
An employee injured outside of his service with the City shall be compensated through the
disability insurance plan provided by the City.
ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees shall be
tentative and subject to a probationary period of twelve (12) months of service.
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B. When unusual circurnstances merit the extension of the probationary period, the
Chief of Police shall request, in writing, approval of the City Manager. Said extension shall
not exceed one hundred and eighty (180) days. The Personnel Office shall notiJy the Chief
of Police and the probationer concemed no-less-than two weeks prior to the termination of
any probationary period.
C. If the service of a probationary employee has been satisfactory, the Chief of
Police shall file with the Personnel Office a statement, in writing, that the retention of the
employee is desired. No actions changing an employee's status from probationary to regular
full-time shall be made or become effective until approved by the City Manager.
Section 2. Obiective ofProbationarv Period
The probationary period shall be regarded as a part of the testing process and shall be
utilized for closely observing the employee's work, for securing the most effective
adjustment of a new employee to his position, and for rejecting any probationary employee
whose performance does not meet the required standards of work.
Section 3. Emplovee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at the end of
each three (3) months of service or at a more frequent interval when deemed necessary by
the Chief of Police. Permanent employees shall have their performance evaluated annually
or at more frequent intervals when deemed necessary by the Chief of Police. Such
evaluation shall be reported in writing and in the form approved by the Personnel Office.
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B. The written appraisal report of an employee's performance evaluation shall be
filed in triplicate, the original to be filed with the Personnel Office and made a part of the
employee's personnel records, one copy to be retained by the department, and one copy to
be given to the employee.
Page 17 of24
Section 4. Reiection ofProbationarv Emplovee
A. During the probationary period an employee may be suspended, demoted, or
rejected anytime by the Chief of Police, with approval of the City Manager, without cause
and without right of appeal, except the right of appeal of punitive action as may be provided
by law. Notification of rejection, in writing, shall be served on the probationary employee
and a copy filed with the Personnel Office. A termination interview may be conducted with
each rejected probationer.
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B. An exception will be applied where the probationary employee's job termination
or dismissal is based on charges of misconduct which stigmatizes his reputation or seriously
impairs his opportunity to earn a living, or which might seriously damage his standing and
association in the community. Where there is such a deprivation of a "liberty interest", the
employee shall be given pre-disciplinary procedural due process as defined in the City of
Seal Beach Personnel Rules and Regulations and this Memorandum of Understanding.
Prior to the disciplinary action becoming final, the employee must be notified of his right to
the appeal procedure as outlined in these Rules and Regulations.
ARTICLE XVIII - LAYOFF PROCEDURES
Section 1. Policv
The policy for layoff procedures shall be as adopted In City's Personnel Rules and
Regulations.
ARTICLE XIX - MISCELLANEOUS PROVISIONS
I
Section I. Tuition Reimbursement
Unit members attending accredited community colleges, colleges, trade schools
professional training programs, conventions, conferences or universities, may apply for
reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or
other student expenses for approved job-related courses. Maximurn tuition reimbursement
for employees shall be eight hundred ($800) per calendar year. Reimbursement is
contingent upon the successful completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate
courses. All claims for tuition reimbursement require prior approval and are subject to
verification and approval by the City Manager. This tuition reimbursement does not pertain
to POST courses attended on duty.
Section 2. Phvsical Fitness Program .
The physical fitness program is a voluntary program for all swom officers utilizing vacation
hours as compensation for achieving goals within this program. The details ofthis program
are attached as Exhibit B to this MOU.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
I
Section 1. It is the intent of the parties hereto that the provisions of this MOU shall
incorporate all prior agreements and memoranda of agreement, or memoranda of
understanding, or contrary salary and/or personnel resolutions or administrative codes,
provisions of the City, oral or written, expressed or implied, between the parties, and shall
govem the entire relationship, and shall be the sole source of any and all rights which may
be asserted hereunder. This MOU is not intended to conflict with federal or state law.
Section 2. Notwithstanding the provision of Section I., there exists within the City certain
personnel rules and regulations and police department rules and regulations. To the extent
that this MOU does not specifically contradict these personnel rules and regulations or
police department rules and regulations or City ordinances, they shall continue subject to
being changed by the City in accordance with the exercise of City rights under this MOU
and applicable state law.
Page 18 of24
Section 3. Except as provided herein, other terms and conditions of employment, oral or
written, express or implied that are presently enjoyed by employees represented by the
Association shall remain in full force and effect during the entire term of this MOU unless
mutually agreed to the contrary by both parties hereto.
ARTICLE XXI - CONCERTED REFUSAL TO WORK
Section I. Prohibited Conduct
A. The Association, its officers, agents, representatives, and/or members agree that
they will respect relevant law and judicial decisions regarding the withholding or
diminishment of services to influence negotiations conducted under Section 3500 et.seq of
the Califomia Govemment Code.
I
B. The City agrees that it shall not lock out its employees during the term of this
MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall, or failure to retum to work employees of the City in the
exercise of rights as set forth in any of the provisions of this MOU or applicable ordinance
or law.
C. Any employee who participates in any conduct prohibited in subparagraph A.
above may be subject to termination.
D. 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 in Section
2., Association Responsibility, below, the City may suspend certain rights and privileges
accorded to the Association under the Employee Relations Resolution or by this MOU
including, but not limited to, access to the grievance procedure and use of the City's bulletin
boards and facilities.
Section 2. Association Resoonsibilitv
In the event that the Association, its officers, agents, representatives or members engage in
any of the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its
duly authorized representatives shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they should
immediately cease engaging in conduct prohibited in Section 1. above, Prohibited Conduct,
and return to work.
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ARTICLE XXII - EMERGENCY WAIVER PROVISION
Section 1. In the event ofcircurnstances beyond the control of the City, such as acts of God,
fire, flood, civil disorder, national emergency, or similar circumstances, provisions of this
Memorandum of Understanding or the Personnel Rules and Regulations of the City, which
prevent the City's ability to respond to these emergencies, shaIl be suspended for the
duration of such emergency. After the emergency is over, the Association shall have the
right to meet and confer with the City regarding the impact on employees of the suspension
of these provisions in the Memorandum of Understanding and any Personnel Rules and
Regulations.
ARTICLE XXIII - SEPARABILITY
Section I. Should any provision of the MOU be found to be inoperative, void or invalid by
a court of competent jurisdiction, all other provisions of this MOU shall remain in full force
and effect for the duration of this MOU.
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ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS
Section 1. The Association and the City have met and conferred regarding presentation
for the approval of the citizens of the City of Seal Beach to abolish the Civil Service
Commission from the City's Charter in the March 2006 election, the Personnel Rules and
Page 19 of24
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I
I
.-
Regulations are incorporated herein by reference, and shall govem.
ARTICLE XXV - MOU REOPENERS
Section I. The Association and the City shall reopen any provision of this MOU for the
purpose of complying with any final order of a Federal or State Agency or Court of
competent jurisdiction requiring a modification or change in any provision or provisions
of this MOU, in order to comply with State or Federal laws.
Section 2. Upon the request of either the City or the Association, this MOU shall be
reopened to discuss retiree medical insurance. Issues to be discussed include the possible
implementation of retiree health savings accounts, compliance with GASB 45 or PERS
regulations, voluntary employee benefit accounts etc.
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding shall commence on July I,
2005 and continue in full force and effect through June 30, 2007 - a two year contract.
Section 2. The City of Seal Beach and the Police Officers' Association agree to commence
negotiations for the next contract year by April I, 2007. .
ARTICLE XXVII - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification of the required number of the duly authorized representatives
of the Association. Following such approval and adoption, the Memorandum of
Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other
written action of the City Council.
~~
. President, Seal B h Police Officers' Association
Corporal Steve Chauncey
Date: oS'~-Q(;'
~-=-~
ffice Eric T~
Date: ? -r~
~-.~
~C ~~
~.tr..
Date: 6' a6 'O~
Date: b"" -1-~
MENT REPRESENTATIVE:
Date:
Page 20 of24
EXHIBIT A
I) Effective July, 2005 four percent (4%):
Police Officers
Association
Police Officer
Police Corporal
Range 1
SOB 4,794
52A 5,010
2
5,034
5,261
3
5,285
5,524
4
5,550
5,800
5
5,827
6,090
10+ 20+
6,118 6,424
6,394 6,714
2) An amount equal to the increase in the - CPI, all urban consumers LA-Long Beach
for the twelve (12) months ending in April 2006, subject to a minimurn increase.
Minimum of three percent (3%) and a maximum increase of five percent (5%).
Page 21 of24
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EXHIBIT B
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
I
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers. Officers work
out on their off duty time and may, depending upon availability of funds and staffing
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each six (6) month period. Officers may receive up
to twenty (20) hours of vacation time by meeting the requirements of the test at the end of
each six (6) month period. The maximum time each officer wiII be able to achieve is up
to forty (40) vacation hours earned annually for as long as the officer continues
successfully in the program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and
advise them of your intent. You wiII need to have a doctor's release to allow you to
participate in the program. A copy of the physical requirements of the physical fitness
program should be reviewed by your doctor when obtaining your release. For details of
the annual physical exam refer to Article XIII section 6 ofthe SBPOA MOU.
I
TESTING
Each officer participating wiII be tested every six (6) months, specifically in the months
of January and July. A minimurn level has been established for each test. Participants wiII
have to move up a category or reach maintenance level indicated on each test by age
group. At one (I) year and six (6) months, participants wiII be required to be at the
maintenance level. Once the maintenance level has been attained, participants wiII have
to maintain that level on subsequent tests. Testing each six (6) month period wiII validate
the awarding of vacation time. Testing may be conducted during on-duty hours at the
Watch Commanders discretion. The Physical Fitness Committee wiII perform the testing.
Initial program tests wiII be conducted in February 1998, June 1998 and December 1998.
ALLOCATION OF HOURS
Employees wiII be awarded four (4) hours for successfully completing each test as set
forth in TESTING above. No employee shall receive any hours if they fail to meet the
minimum standards for at least three (3) of the five (5) tests.
For the December 1998 testing only, employees shall receive eight (8) hours per
successfully completed test.
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be
appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of
Police. The Physical Fitness Committee is established to retain administrative control
over the program. All committee members shall be active participants in the program.
The committee wiII be responsible for examining problems and disputes that arise from
the administration of the program. The committee will be the formal arbitrators on these
matters.
I
VALIDATED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated medical problems are those diagnosed by a physician as limiting
participation in a certain activity.
REOUlRED TEST
The physical fitness needs of Police Officers fall into three (3) areas:
Cardio Fitness Strength Flexibility
Page 22 of24
The tests outlined below may be modified by the Physical Fitness Committee as
necessary. The tests used in this program to evaluate fitness in these areas will be:
Cardio fitness:
Strength:
Flexibilitv:
I.S Mile run
Push-ups
Forward Stretch
Sit-ups
Pull-ups
MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.
I
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation, The city
will not provide blanket coverage for any injury which could conceivably be claimed
under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to beginning
program participation.
CARDIO FITNESS TESTS - I.S Mile Run
Officers will run a 1.5 mile course established by the Training Unit. The time needed to
cover the distance is recorded and compared to the standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it measures
ones aerobic capacity or the ability of the heart and lungs to utilize oxygen.
Excellent
Good
Fair
Poor
Very Poor
Mam!. Level
Minim. Level
Excellent
Good
Fair
Poor
Very Poor
Mam!. Level
Minim. Level
Under 30
Below
10:15
10:16-12:00
12:01-14:30
14:31-16:30
16:31-Above
11'00
14:30
40-49
Below
12:15
12:16-13:45
13:46-16:15
16:16-18:15
18:16-Above
13:30
16:00
30-34
Below
11'00
11:01-12:30
12:31-15:00
15:01-17:00
17:01-Above
12:00
15:15
50+
Below
12:30
12:31-14:30
14:31-17:00
17:01-19:00
19:01-Above
14:00
16:45
35-39
Below
11:30
11:31-13:00
13:01-15:30
15:31-17:30
17:31-Above
12:30
15:30
40-44
Below
12:00
12:01-13:30
13:31-16:00
16:01-18:00
18:01-Above
13:00
15:45
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STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and
toes. A partner places his fist on the ground below the officer's chest. The officer must
keep his back straight at all times and from the up position, lower himlherselfto the floor
until his chest touches his partner's hand and then push to the up position again. Officer's
can rest in the up position. The total number of correct push-ups are recorded and
compared to the standards on the chart.
This test measures muscle endurance and a low level of muscle endurance indicates an
inefficiency in movement and a poor capacity to perform work. This test measures mainly
the muscles of both the chest and upper arm which are important in physical
confrontations such as pushing, pulling, controlling, and handcuffing.
Excellent
Good
Fair
Poor
Very Poor
Mam!. Level
Mmim Level
Under 30
43 -
28.42
20-27
5-19
4-Below
40
18
30-39
37 -
23-36
17-22
3-16
2-Below
35
15
I
40-49
30-
20-29
15-19
2-14
2-Below
25
13
50+
25+
17-24
12-16
2-11
I-Below
18
11
Page 23 of24
PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight
in the beginning position with the feet off the ground. Officer must pull his body up to a
position where his chin is above the bar for one repetition, The total nurnber of correct
pull-ups are recorded and compared to the standards on the chart.
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In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull
down seventy percent (70%) of their body weight ten (10) times in order to achieve
maintenance level.
Under 30 30-39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 I
Very Poor 4 & above 2 & under I & under 0
Maint. Level 8 6 5 4
Mmim. Level 5 3 2 I
SIT-UPS
Officer starts by lying on hislher back, knees bent, heels flat on the floor and arms folded
across the chest. A partner holds .the feet down. In the up position, the officer will touch
his elbows to his knees and then return to the starting position, not placing their shoulder
blades on the ground before starting the next sit-up. This is a continuous exercise, no
resting. The total number of correct sit-ups are recorded and compared to the standards on
the chart.
I
This test measures muscular endurance in the abdominal muscle group, an area of great
concem to the sedentary individual. Much evidence exists of the correlation between
poor abdominal muscle development, excessive fat tissue and lower back problems.
"I CONTINUOUS MINUTE "
Excellent
Good
Fair
Poor
Very Poor
Mamt. Level
Minim. Level
Under 30
51 & above
40-50
35-39
24-34
23 -
45
30
30-39
45 & above
34-44
29-33
18-28
17 -
40
25
40-49
40 & above
27-39
20-26
7-19
6-
35
20
50+
36 & above
23-39
16-22
6-15
5-
30
15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are
placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his
toes with his fingertips as far as he can. The distance above or below his heels is
measured. The distance is recorded as plus or minus inches. Plus inches is below the
heels and negative is above the heels. Compare the results against the standards on the
chart.
Under 30 30-39 40-49 50+
Excellent +10" & below +9" & below +8" & below +7" & below
I Good +4" to 9.5" + 3.5" to 8.5" +]11 to 7.5" o to +6.5"
Fair + 1.5" to 3.5" +1" to 3" .2" to +.5" -311 to -.511
Poor -4.5" to +1" -6.S" to +.5" -9" & above -10" to 3.5"
Very Poor -5" & above -7" & above -9.5 & above -10.5"& above
Mamt. Level +5" +4" +111 0"
Minim. Level 0" -2" -4" ..5"
Page 24 of24
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PAGE INTENTIONALLY LEFT BLANK
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SEAL BEACH POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
I
ARTICLE 1. TERM OF AGREEMENT
Section 1. Effective Date ............................................................................................. 1
Section 2. Agreement.................................................................................................. I
ARTICLE 2. RECOGNITION OF MEMBERSHIP
Section I ............. ................... ............................................ ........................................... I
Section 2......... ............... .................................................. ................... .......................... 1
Section 3..... ............... ................................................ ..................................... .............. 1
ARTICLE 3. SALARIES ..................................................................................................... I
ARTICLE 4. EMPLOYEE ORGANIZATION DUES
Section I. ...................................................................................................................... 2
I
Section 2. ...... ............. ........................................................ ........................................... 2
ARTICLE 5. INDEMNIFICATION ................................................................................... 2
ARTICLE 6. CITY RIGHTS
Section I................... .............................................. ........................................ .............. 2
Section 2. ...................................................................................................................... 3
ARTICLE 7. COMPENSATION PLAN
Section 1. Basic Compensation Plan .......................................................................... 3
Section 2. First Step .................................................................................................... 3
Section 3. Second Step................................................................................................ 3
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Section 4. Third, Fourth, and Fifth Steps.................................................................... 3
ARTICLE 8. ADVANCEMENT WITHIN SALARY RANGES
Section I..... ............ ............................................. ....................... .................................. 3
Section 2. ........ ............... ............................................ ....................... ................... ......... 3
Section 3 ....................................................................................................................... 3
Section 4....................................................................................................................... 4
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
Section I. Promotional Appointment ......................................................................... 4
Section 2. Temporary Appointment ........................................................................... 4
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION........................4
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ARTICLE 11. ADJUSTMENT OF SALARY RANGES ..............................................4
ARTICLE 12. SALARY AND BENEFITS SUSPENSION ...........................................4
ARTICLE 13. SPECIAL PAY PROVISIONS...............................................................4
Section 1. Uniform Allowance ................................................................................... 4
Section 2. Safety Equipment....................................................................................... 4
ARTICLE 14. COURT TIME
Section 1....... ............. .................. .................................. .................. .............. ............... 5
Section 2 ....................................................................................................................... 5
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Section 3..................... ................... ............... .................... ................. ................. .......... 5
ARTICLE 15. CALL-BACK ...........................................................................................5
ARTICLE 16. STAND-BY PAY
Section 1 ........... ............... .................. ................ .................... ................. ............ .......... 5
Section 2................ .................. ................ .............. ...................... .............. ................... 5
ARTICLE 17. MOVIE DETAIL.....................................................................................5
ARTICLE 18. EXPERIENCE PAY
Section I .. .......... .................... ............................... .................... ................. ................... 5
Section 2....................................................................................................................... 6 I
Section 3........ .................. .................. ............... ...................... .................... .................. 6
Section 4......... .................... ................. ................ ..................... ................... ................. 6
ARTICLE 19. EDUCATION INCENTIVE PAY
Section I. ...................................................................................................................... 6
Section 2. ...................................................................................................................... 6
Section 3.. ............. ............................................. ............................ ............................... 6
Section 4 ....................................................................................................................... 6
Section 5 ....................................................................................................................... 6
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Section 6........ ................. ............................................. ................................ ................. 6
Section 7 ....................................................................................................................... 6
ARTICLE 20. TUITION REIMBURSEMENT ................................................................ 6
ARTICLE 21. PHYSICAL FITNESS PROGRAM .......................................................... 7
(See Exhibit B - page 21)
ARTICLE 22. TRAINING PROGRAMS
Section 1 ............... ...................................... ............................ ...................................... 7
Section 2. ...................................................................................................................... 7
Section 3 ............. ....................... ....................................... ................................ ............ 7
ARTICLE 23. HOLIDAYS
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Section I. Recognized Holiday...................................................................................7
Section 2. Floating Holiday........................................................................................ 7
Section 3. Holiday Compensation .............................................................................. 7
Section 4. Compensation Rate .................................................................................... 7
Section 5. Personal Holiday ........................................................................................ 7
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION............................................... 8
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING .............................. 8
ARTICLE 26. FRINGE BENEFIT LIMITS
Section 1........... .................. ............................................. ........................... .................. 8
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Section 2......... ................ ............................................... ............................................... 8
ARTICLE 27. FRINGE BENEFIT CHANGES................................................................ 8
ARTICLE 28. HEALTH AND DENTAL INSURANCE
Section 1....................................................................................................................... 8
Section 2 ....................................................................................................................... 8
Section 3 ....................................................................................................................... 9
Section 4 ....................................................................................................................... 9
ARTICLE 29. LIFE INSURANCE ..................................................................................... 9
ARTICLE 30. DISABILITY INSURANCE PLAN .......................................................... 9
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ARTICLE 31. SECTION 125 PLAN ..................................................................................9
ARTICLE 32. RETIREMENT
Section 1........ .............. .................. ............... ................. .............................. ................. 9
Section 2 ....................................................................................................................... 9
ARTICLE 33. HOURS OF WORK - WORK PERIOD
Section I. Work Period ............................................................................................. 10
Section 2. 3-12 Work Schedule ................................................................................ 10
Section 3. Reporting to PERS................................................................................... 10
ARTICLE 34. OVERTIME COMPENSATION
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Section 1. Overtime Defined.....................................................................................10
Section 2. Compensation for Overtime .................................................................... 10
Section 3. Compensatory Time................................................................................. 10
Section 4. Approval for Overtime............................................................................. 11
ARTICLE 35. VACATION
Section 1. Eligibility.................................................................................................. II
Section 2. Accrua1..................................................................................................... 11
Section 3. Maximum Accrual................................................................................... 12
Section 4. Use of Vacation............................................................:...... ..................... 12
Section 5. Vacation Payment at Termination ........................................................... 12 I
Section 6. Vacation - Leave of Absence................................................................... 12
Section 7. Prohibition Against Working for City During Vacation......................... 12
ARTICLE 36. LEAVE OF ABSENCE
Section 1. Authorized Without Pay.......................................................................... 12
ARTICLE 37. UNAUTHORIZED LEAVE OF ABSENCE.......................................... 13
ARTICLE 38. BEREAVEMENT LEAVE....................................................................... 13
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ARTICLE 39. MILIT ARY LEAVE OF ABSENCE
Section I.......... ................... .............................................. .......................................... 13
Section 2....... ................. ..................... ......................... ................................. .............. 13
ARTICLE 40. PREGNANCY DISABILITY LEAVE OF ABSENCE
Section I . ............... ....................................... ......................... ..................................... 13
Section 2............. .................... ............................................ ........................................ 13
Section 3 ........ .............. .................... .............................. ............................................. 13
Section 4 ..................................................................................................................... 13
Section 5 ............... ............................................ .......................................................... 13
Section 6 ..................................................................................................................... 14
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ARTICLE 41. JURY DUTY
Section I ............ ...................... ......................................... .......................................... 14
ARTICLE 42. SICK LEAVE
Section 1. General Provisions................................................................................... 14
Section 2. Accumulation and Payment..................................................................... 14
Section 3. Sick Leave During Vacation.................................................................... 15
Section 4. Extended Leave........................................................................................ 15
ARTICLE 43. CATASTROPHIC LEAVE
Section I. Establishment........................................................................................... IS
Section 2. Purpose ..................................................................................................... 16
I ARTICLE 44. FAMILY LEAVE CFMLAlCFRAL....................................................... 16
ARTICLE 45. ON-THE JOB INJURy............................................................................ 16
ARTICLE 46. OFF-THE JOB INJURy.......................................................................... 17
ARTICLE 47. PERSONNEL RULES AND REGULATIONS
Section 1..................................................................................................................... 17
Section 2 ..................................................................................................................... 17
ARTICLE 48. PROBATIONARY PERIODS
Section 1. Appointment ............................................................................................ 17 I
Section 2. Objective .................................................................................................. 17
Section 3. Employee Performance Appraisal........................................................... 17
Section 4. Rejection .................................................................................................. 17
ARTICLE 49. LAYOFF PROCEDURES ........................................................................ 18
ARTICLE 50. MOU REOPENERS
Section I................. .................... .............. ................. .................. ............ ................... 18
Section 2........ ............ .................. ................ .................... ............... ................ ............ 18
ARTICLE 51. CELL PHONES ......................................................................................... 18
ARTICLE 52. NO STRIKE - NO LOCKOUT
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Section 1..................................................................................................................... 18
Section 2..... ............ ...................... ................ ................... .................. .................. ....... 18
Section 3 ..................................................................................................................... 18
Section 4... ........... .................. ................ .................. ................... ................. ............... 18
ARTICLE 53. EMERGENCY WAIVER PROVISION
Section 1 ........... ............... .................................. ................. ................ ............... ......... 19
ARTICLE 54. SEPARABILITY PROVISION ............................................................... 19
ARTICLE 55. SAVING CLAUSE .................................................................................... 19
ARTICLE 56. RATIFICATION ....................................................................................... 19
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EXHIBIT A
Salary Detail............................................................................................................... 20
EXHIBIT B
Physical Fitness Program Detail................................................................................ 21
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH POLICE MANAGEMENT ASSOCIA nON
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The duly authorized representatives of the City of Seal Beach (hereinafter referred to as
"City") and the SEAL BEACH POLICE MANAGEMENT ASSOCIATION (hereinafter
referred to as "Association"), having met and conferred in good faith concerning the
issues of wages, hours and other terms and conditions of employment, as herein set forth,
declare their agreement to the provisions of this Memorandum of Understanding (MOU).
The terms and conditions set forth in this MOU shall be of no force and effect unless and
until this MOU is approved and adopted by the City Council of the City of Seal Beach.
Unless otherwise specifically provided for herein, whenever a compensation change is
indicated as occurring effective upon City Council adoption of this MOU, the
compensation change shall commence during the first payroll period commencing after
the Council adoption of this MOU.
ARTICLE 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July I, 2005 through
and including June 30,2007.
Section 2. The Agreement may be extended beyond June 30, 2007 if both parties concur
in writing.
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ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance
No. 769, as amended, the City has recognized, for the purposed of this Memorandum of
Understanding, the SEAL BEACH POLICE MANAGEMENT ASSOCIATION as the
majority representative of the employees in the bargaining unit, which includes Police
Department full-time employees in the classifications and assignments of Police
Sergeant, Police Captain, and the civilian position of Police Records Supervisor.
Section 2. The City recognizes the Association as the representative of the employees in
the classification and assignment set forth in Section One above for the purpose of
meeting its obligations under this Memorandum of Understanding, the Meyer-Milias-
Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations, or
laws affecting wages, hours, and/or other terms and conditions of employment are
amended or changed.
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Section 3. The City agrees that the representatives of the Association, not to exceed six
(6) in number, shall be entitled to meet and confer with Management during said
representatives' normal working hours without suffering any loss in pay while absent
from the duties for such purpose, providing that such time per person shall not be
unreasonable. The City also agrees that such representatives may utilize not more than
six (6) hours per month or seventy-two (72) hours per year without suffering any loss in
pay for such absence for the purpose of meeting with employees who are members of the
Association and/or other offices of the Association.
ARTICLE 3. SALARIES
The following base salary increases shall be provided to employees occupying all
classifications represented by the Association. The base salary increases shall be
effective during the first payroll period commencing during the indicated month of the
Page 1 of23
following years. Retroactivity shall be applied to all members who are actively employed
at the time of the adoption of the agreement by the City Council of the City of Seal
Beach.
I. Effective first payroll period July 2005, a four percent (4%) base salary increase.
2. Effective first pay period following July 1, 2006 an amount equal to the increase
in the - CPI, all urban consumers LA-Long Beach for the twelve (12) months
ending in April 2006, subject to a minimum increase. Minimum of three percent
(3%) and a maximum increase of five percent (5%).
I
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES
Section I. The City will provide voluntary payroll deductions for all members of the
Association for regular and periodic dues and benefit program premiums as specified by
agreement between the City and the Association and signed by the member. The
Authorization Form content shall be mutually agreed to by the Association and the City.
Section 2. The City shall remit such funds to the Association within fifteen (15) days
following the deductions.
ARTICLE 5. INDEMNIFICATION
The Association agrees to hold the city harmless and indemniJy 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 monies deducted from the employees pursuant to this Article.
ARTICLE 6. CITY RIGHTS
I
Section I. The City reserves, retains, and is vested with, solely and exclusively, all rights
of Management which have not been expressly abridged by specific provisions of this
MOU or by law to manage the City, as such rights existed prior to the execution of this
MOU. The City may exercise its management rights unilaterally without the obligation of
meet and confer on the decision to exercise such rights. However, the City shall meet and
confer on the impact thereof pursuant to Section 2 of this Article. The sole and exclusive
rights of Management, as they are not abridged by this MOU 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 nonexistence 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, technological 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 type of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract 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 upon reasonable notice;
j) .To establish and modify productivity and performance programs and standards;
k) To relieve employees from duties for lack of work, or funds, or similar non-
I
Page 2 of23
I
disciplinary reasons;
I) To discharge, suspend. demote, or otherwise discipline employees for proper
cause;
m) To determine job classification and to reclassify employees;
n) To hire, transfer, promote and demote employees for disciplinary and non-
disciplinary reasons;
0) To determine and administer policies, procedures and standards for selection,
training, and promotion of employees;
p) To establish employee performance standards including but not limited to,
qualifications 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 ofthis MOU;
s) To take any and all necessary actions 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 exercise of Management's
rights shaIl impact on employees of the Association, the City agrees to meet and confer
with representatives of the Association regarding the impact of the exercise of such
rights, unless the matter of the exercise of such rights is provided for in this MOU or in
the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which are
incorporated herein by reference in this MOU. By agreeing to meet and confer with the
Association as to the impact and exercise of any of the foregoing City rights,
Management's discretion in the exercise of these rights shall not be diminished.
ARTICLE 7. COMPENSATION PLAN
I
Section I. AIl employees covered by this Memorandum of Understanding shall be
included under the Basic Compensation Plan. Every classification under this plan shall
be assigned a salary range adopted by the City Council. The salary schedule shall consist
of five (5) steps within each range.
Section 2. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than normal
entering salary step within the assigned range upon the recommendation of the Chief of
Police and approval of the City Manager when it is decided that such action is in the best
interest of the City.
Section 3. The second step in the salary range is a merit adjustment which may be given
at the end of six (6) months of employment subject to the recommendation ofthe Chief of
Police and approval of the City Manager.
Section 4. The third, fourth, and fifth steps are merit adjustments to encourage an
employee to improve hislher work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the completion of
one (1) year of service at the preceding step. Each adjustment shall be made subject to
the recommendation of the Chief of Police and approval of the City Manager.
I
ARTICLE 8. ADVANCEMENT WITHIN SALARY RANGES
Section I. In order to properly compensate an employee, advancement in salary shall be
based on merit.
Section 2. Advancement in salary shall not be automatic, but shall depend upon
increased service value ofthe employee to the City.
Section 3. The Chief of Police and/or the employee's immediate supervisor shall be
responsible to evaluate employees fairly in an unbiased fashion for the determination of
job performance. Advancement shall be made only upon recommendation of the Chief of
Page 3 of23
Police with approval of the City Manager.
Section 4. An employee must be reviewed at least once every twelve (12) months from
the effective date of hislher last performance step increase, special performance
advancement or promotion. Nothing contained herein shall restrict the Chief of Police
from denying the increase after evaluation, nor shalI it prevent him from recommending
special performance advancement in salary at any time when unusual or outstanding
achievement has been demonstrated.
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
I
Section 1. Promotional Appointment - When an employee is promoted to a position with
a higher salary range, the employee shall be compensated at a step of the salary range
assigned to the new position that is closest to providing a five percent (5%) salary
increase over the base salary received prior to promotion.
Section 2. Temporary Appointment - In special circumstances, when in the best interest
of the City, the City Manager may approve a temporary assignment of an employee to
higher-level classification. In such temporary assignments lasting thirty (30) consecutive
calendar days or more, the employee shall be compensated at a step of the salary range
assigned to the new position that is closest to providing a five percent (5%) salary
increase over the base salary received prior to the temporary appointment.
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee in the department to a classification with a
lower maximum salary, such employee shalI be assigned to the appropriate salary step in
the new classification as recommended by the Chief of Police and approved by the City
Manager. The employee shall retain hislher previous anniversary date.
I
ARTICLE 11. ADJUSTMENT OF SALARY RANGES
When a salary range for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shalI have their existing salary
adjusted to the same relative step in the new salary range and their anniversary date shalI
not be changed.
ARTICLE 12. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shalI forfeit all
rights, privileges and salary, except he shall not forfeit his medical health plans including
dental, retirement plan, disability insurance, or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for loss of
income and benefits during the period of suspension.
ARTICLE 13. SPECIAL PAY PROVISIONS
Section I. Uniform Allowance - Whether or not said swom employee wears a traditional
uniform, each member shall receive an annual uniform allowance of eight hundred
dollars ($800).
I
Section 2. Safety Equipment - The City shall provide the initial issue of uniforms to
include two (2) pants and two (2) shirts and utility equipment to include weapon, safety
helmet, baton, and other safety equipment as required by law or deemed necessary by the
City. The City shall replace and/or repair any equipment damaged within the course and
scope of the employee's employment. Recurring maintenance, repair, and/or
replacement due to normal wear shalI be responsibility of the employee.
Page 4 of23
ARTICLE 14. COURT TIME
I
Section I. An employee called for a subpoenaed court appearance which arises out of the
course of his/her employment and not contiguous with his work shift shall be
compensated for a minimurn of two and two-thirds (2-2/3) hours at the rate of one and
one-half (1-1/2) times the employee's regular hourly rate of pay. Should the appearance
exceed two and two-thirds (2-2/3) hours, the employee shall receive pay for the actual
appearance time, excluded court designated lunch period, at the rate of one and one-half
(1-1/2) times the employee's regular hourly rate of pay. Court appearance time shall
begin when the employee departs from the Police station to go directly to Court.
Section 2. Any appearance that is contiguous with a regular work shift is not subject to
the two and two-thirds (2-2/3) minimum.
Section 3. AU employees agree to comply with the "on-call" policies administered by the
Department. Should an officer be placed "on-call" during off duty hours for court
appearance(s) he/she shaU be granted two (2) hours pay at the employee's straight time
hourly rate for any "on-call" time prior to 12:00 noon and two (2) hours for aU "on-call"
time after the hour of 12:00 noon.
ARTICLE 15. CALL-BACK
I
Employees who are caUed back to duty after having completed a normal shift or work
day assignment and departing from the work premises shaU be paid one and one-half (1-
1/2) times the employee's regular straight time hourly rate for each hour worked on call-
back. CaU-back time shall commence from the time the employee is caUed back to
service.
ARTICLE 16. STAND-BY PAY
Section I. Police Sergeant(s) may be assigned by the Chief of Police to "stand-by"
status.
Section 2. Police Sergeants required to be on stand-by shall receive eight (8) hours of
compensatory time off per month. During any such month where the individual carries a
pager or mobile phone for less than the entire month, the number of compensatory time
off hours shall be reduced in an amount reflecting the pro-rated monthly time during
which said employee is expected to be "on call." Such compensatory time off hours shaU
be maintained as "Personal Holiday" time and be credited to the employee's Floating
Holiday/Administrative Leave bank. Any compensatory time off (personal Holiday)
hours earned in accord in this Section, and not utilized by June 30th of any fiscal year
shall be forfeited and not converted to cash.
ARTICLE 17. MOVIE DETAIL
I
Effective the first day of the pay period following the approval and adoption of this MOU
by the City Council, Association members shaU be paid sixty doUars ($60) per hour for
outside movie details. In is understood that time spent on movie detail is brokered
outside work and is not considered time worked for the purpose of calculation City
overtime compensation.
ARTICLE 18. EXPERIENCE PAY
Section I. Qualified employees of the Association, hired before January I, 1992, with a
minimum of ten (\ 0) years of full-time service as a swom peace officer with a Municipal,
Page 5 of23
County, or State Police agency meeting Police Officer Standards and Training (p.O.S.T.)
standards, or their equivalent, shall be eligible to receive experience pay.
Section 2. To qualify for experience pay, an employee must meet the minimum years of
service required and receive an overall satisfactory performance appraisal reviewed,
approved, and signed by the Chief of Police, his designee, or an individual acting in the
capacity of the Chief of Police. The recommendation of Experience Pay is subject to
verification and approval by the City Manager.
Section 3. Experience pay - Ten (I 0) Years of Service - After ten (10) years of service,
experience pay shall be paid at a rate of five percent (5%) of the qualified employee's
base salary.
I
Section 4. Experience pay - Twenty (20) Years of Service - After twenty (20) years of
service, experience pay shall be paid at a rate of ten percent (10%) of the qualified
employee's base salary.
ARTICLE 19. EDUCATION INCENTIVE PAY
Section I. Forty-five (45) Semester Units of College Credits - Effective the first payroll
period of January 2006, employees covered by this section who have completed forty-
five (45) semester units of credit from an accredited college or university with at least
sixteen (16) units in the field of Police Science shall receive one hundred ten dollars
($110) per month in addition to hislher monthly base salary.
Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T.
Certification - Effective January 2006, employees covered by this section who have
completed sixty (60) semester units of credit from an accredited college or university
with at least nineteen (19) units in the field of Police Science or have attained a P.O.S.T.
Intermediate Certificate shall receive one hundred ninety dollars ($190) per month in
addition to hislher monthly base salary.
I
Section 3. Bachelor of ArtslBachelor of Science (BAlBS) Degree or Advanced P.O.S.T.
Certification - Effective January 2006, employees covered by this section who have
completed BNBS Degree from an accredited college or university with at least twenty-
two (22) units in the field of Police Science or have attained a P.O.S.T. Advanced
Certificate shalI receive two hundred ninety-five dollars ($295) per month in addition to
hislher monthly base salary.
Section 4. The above payment compensation shall be based on achievements over and
above the job requirements established in the position classification plan for each
classification. Payment to employees shall be based on the highest achievement level only;
i.e., employees with an Associate or Bachelor's degree will receive compensation for the
Bachelor's degree only.
Section 5. Employees receiving Education Incentive pay shall not lose that pay ifhefshe
is promoted to a classification which required the education for which the employee is
receiving the additional pay. If the minimum educational requirements are lawfulIy
changed during the term of the MOU, employees receiving an education incentive pay
will not be affected by such change and will not result in any loss of such incentive pay.
Section 6. AII payments under this Article are subject to verification and approval by the
City Manager.
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Section 7. Employees serving an original probationary period shall be ineligible to
receive educational incentive pay.
ARTICLE 20. TUITION REIMBURSEMENT
Association members attending accredited community colIeges, universities, professional
Page 6 of23
I
training programs, conventions, conferences, and trade schools may apply for
reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees,
or other student expenses for approved job-related course. Maximum tuition
reimbursement for employees shall be eight hundred dollars ($800) per calendar year.
Reimbursement is contingent upon the successful completion of the course. Successful
completion means a grade of "C" or better for undergraduate courses and a grade of "B"
or better for graduate courses. Certificates of attendance/completion will suffice for
conventions & conferences. All claims for tuition reimbursement require prior approval
and are subject to verification and approval by the City Manager.
ARTICLE 21. PHYSICAL FITNESS PROGRAM
The physical fitness program is a voluntary program for all swom officers utilizing
vacation hours as compensation for achieving goals within this program. The details of
this program are attached as Exhibit B to this MOU.
ARTICLE 22. TRAINING PROGRAMS
Section I. The City shall pay reasonable expenses incurred by employees attending
approved training programs. Expenses include registration fees and the costs of
purchasing required course materials, travel to and from the training course, meals and
lodging shall be reimbursed per the City's adopted Per Diem policy.
Section 2. Employees attending City approved P.O.S.T. training programs requiring an
ovemight stay(s) will receive a per diem allowance or provided as prescribed by P.O.S.T.
I
Section 3. When an employee is sent by the City to a training program which is not a
part of hislher regular work schedule, the employee shall receive eight (8) hours pay for
each full day of training and such eight (8) hours pay shall be credited towards the
computation of overtime.
ARTICLE 23. HOLIDAYS
Section I. Recognized Holiday - For pay purposes, the following holidays are
recognized on the dates listed or as they are recognized by Federal employees that
calendar year:
New Year's Day (January I)
Independence Day (July 4)
Thanksgiving Day (Fourth Thursday in November)
Christmas Day (December 25)
Section 2. Floating Holiday - Floating holidays may be individually selected by the
employee subject to the approval of the Chief of Police. Floating holidays may be
selected as follows: Patrol - Any federally recognized holiday or the day after
Thanksgiving or the employee's birthday, excluding Memorial Day or Labor Day.
Administrative/Investigations - Any federally recognized holiday, day after
Thanksgiving or the employee's birthday.
I
Section 3. Holiday Compensation - Employees covered by this Memorandum of
Understanding shall be entitled to one hundred twenty (120) compensated holiday hours
per calendar year.
Section 4. Compensation for holidays will be paid on a monthly basis at a monthly rate
of one-twelfth (1112).
Section 5. Employees who work on a designated recognized holiday shall earn, at the
straight time, a corresponding number of hours to hours worked on said holiday. The
employee may choose to be compensated as time off, pay, or Compensatory Time Off.
Page 7 of23
Hours earned as "Personal Holiday" hours will be credited to the Floating
Holiday/Administrative Leave bank.
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION
The City reserves the right to select the insurance carrier or administer any fringe benefit
program that now exist or may exist in the future during the term of this MOD, unless
otherwise specified within this MOU.
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ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING
In the administration of the fringe benefit programs, the City shall have the right to select
any insurance carrier or other method of providing coverage to fund the benefits included
under the terms of the MOU, provided that the benefits of the employees and affected
retirees shall be no less than those in existence as of implementation ofthis MOU.
ARTICLE 26. FRINGE BENEFIT LIMITS
Section I. City shaH not pay premium or accrue any fringe benefits afforded with this
MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive
days, unless specificaHy provided for within this MOU, authorized by the City Manager,
or otherwise provided for by federal or state "Family Leave Acts" and/or "Workers'
Compensation" requirements.
Section 2. City shaH not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee who has been absent without authorization during said month,
suspended without pay, or who has terminated from City employment unless specifically
provided for within this MOD.
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ARTICLE 27. FRINGE BENEFIT CHANGES
If, during the term of this MOU, any changes of insurance carrier or method of funding
for any benefit provided hereunder is contemplated, the City shaH notify the Association
prior to any change of insurance carrier or method of funding the coverage.
ARTICLE 28. HEALTH AND DENTAL INSURANCE
Section I. Effective January 2006, for the employees covered by the terms of this MOU,
upon having completed thirty (30) days of uninterrupted service, the City shaH pay up to
the foHowing amounts for health and dental insurance:
Single Coverage
Two-Party Coverage
Family
$502.00
$751.00
$935.00
Effective January 2007, the above cap shaH be increased by average percentage increase
of plan in Orange County. The percentage is determined by CalPERS and published in
the PERS PEMHCA Circular Letter issued each year under basic plans.
I
Section 2. For employees covered by the terms of this MOU, upon having completed
thirty (30) days of uninterrupted service, the City shall pay an additional contribution
towards dental insurance:
Single Coverage
Two-Party Coverage
Family Coverage
$16
$30
$48
Page 8 of23
Section 3. Subject to Public Employees' Retirement System (PERS) administration
requirements, the City shall make available to eligible employees participation in the
group medical plan offered by PERS.
Section 4. Employees who elect to waive enrollment in medical and dental coverage may
receive two hundred fifty dollars ($250) per month, upon providing proof of health
insurance coverage under an altemative plan to the Personnel Department.
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ARTICLE 29. LIFE INSURANCE
The City shall pay one hundred percent (100%) of the premium for a term life insurance
policy with a face value of thirty-seven thousand dollars ($37,000), double indemnity
accidental death and dismemberment (AD&D), and a dependent death benefit in the
amount of one thousand dollars ($1,000) per dependent.
ARTICLE 30. DISABILITY INSURANCE PLAN
The City shall pay one hundred percent (100%) of the premium for the "employee's long-
term disability insurance plan with an income continuation of not less than sixty-six and
two-thirds percent (66-2/3%) of the employee's monthly base salary, subject to caps and
eligibility requirements as set forth within the policy of the accepted carrier.
Modifications to the plan shall be made only after the City has met and consulted with the
Association and such modification made a part of the MOU.
ARTICLE 31. SECTION 125 PLAN
I
The City will provide a Section 125 Plan (pre-taxed deduction) for health, dental and
child care expenses. This plan will allow for payroll deduction from the employee's
salary as designated by the employee for the purpose of participation. The maximum
contributable dollar amount and plan year length is administered and determined by the
Personnel Department at the direction of the City Manager.
Section 6. Annual Physical
The City shall provide a physical exam periodically as indicated below for the purpose of
detecting heart trouble and cancer. The exam shall be given by a City appointed physician
who is acceptable to the Association. Cost of said physical exam shall be bome by the City.
The resulting diagnosis shall be submitted to the City as welI as the employee together with
specifics of corrective treatment.
Physical Exam Schedule:
New Employee
Employee under 40
Employee 40 & Over
2nd year following appointment
Alternate years
Every year
ARTICLE 32. RETIREMENT
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Section 1. The City shall make contributions for the public safety personnel covered by
this MOU to the PERS plan known as three percent at fifty (3%@50) with those benefit
options as provided for in the contract between the City and PERS. Modification(s) to
the contract shall be made only after the City has met and conferred with the Association
and such modification(s) made a part of the contract between the City and PERS
consistent with the requirements ofPERS.
Section 2. The City shall pay all the employees' contribution to their retirement plan and
place it in the employees' individual PERS retirement accounts.
Page 90f23
ARTICLE 33. HOURS OF WORK- WORK PERIOD
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the Fair Labor
Standards Act) shall be three hundred thirty-six (336) continuous hours (fourteen (14)
consecutive days). AIl full-time law enforcement personnel shall be regularly assigned one
of the following work schedules:
I. "Three-twelve" - three (3) consecutive three (3) day work weeks
consisting of three (3) twelve (12) hour and twenty (20) minute work days foIlowed by a
four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute
work days and one (1) twelve (12) hour work day.
I
2. "Four-ten" - a workweek consisting of ten (10) hours/day, four (4)
days/week.
3. "Five-eight" - a workweek consisting of eight (8) hours/day, five (5)
days/week.
Section 2. Three-Twelve Work Schedule
A The standard workweek shall be thirty-seven (37) hours or forty-nine (49) hours
depending on the number of days worked in a workweek pursuant to AI. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during
the forty-nine (49) hour work week of the work period will be considered regular straight
time hours for the intention to report forty (40) hours of regular hours during a work week.
Section 3. Reporting to Califomia Public Employees Retirement System (PERS) - AIl
regular hours worked, regardless of work schedule, shalI be reported to PERS.
ARTICLE 34. OVERTIME COMPENSATION
I
Section I. Overtime Defined
A Three-Twelve (3-12) Workweek
Time worked in excess of eighty-six hours in a FLSA work period as defined in Article 36,
Section 1AI. and time worked on scheduled days off.
B. Four-Ten (4-10) Workweek
Time worked in excess of forty (40) hours in a workweek as defined in Article 36 Section
I.A2.
C. Five-Eight (5-8) Workweek
Time worked in excess of forty (40) hours in a workweek as defined in Article 36 Section
I.A3.
Section 2. Compensation for Overtime
A Authorized non-FLSA overtime shaIl be compensated in payor compensatory
time at the rate of one- and- one-half (1-112) times the straight time hourly equivalent of the
base monthly pay rate.
B. In computing overtime for a regular work week or work period, time absent from
duty as a result of use of sick leave, vacation, holiday or compensatory time off shall not be
considered as time deemed to have been worked.
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C. If members regular work schedule in any fourteen (14) day FLSA cycle is less
than eighty-six (86) hours, they will be paid overtime for those hours worked above their
regular work schedule.
Section 3. Compensatory Time - Employees may elect to receive compensatory time in
lieu of pay for overtime subject to A. and B. below.
Page 10 of23
A. Should an employee desire to take compensatory time off, he/she shall
provide reasonable notice, i.e., no less than fourteen (14) days (one payroIl cycle), and
file a written request with the Chief of Police. The Chief shall grant compensatory time
offbased on departmental manpower needs. If an employee fails to provide fourteen (14)
days (one payroll cycle) advance notice to the Chief, the Chief shall consider the request
for compensatory time off and has discretionary authority to grant or deny the request.
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B. Employees shall be permitted to accumulate a maximum of seventy-five (75)
hours of compensatory time. An employee who accumulates an excess of seventy-five
(75) hours of compensatory time will be reimbursed within the pay period earned for that
amount in excess of seventy-five (75) hours.
C. An employee may, upon written request submitted to and approved by the
City Manager, receive reimbursement for the requested number of hours of accrued
compensatory time below the cap of seventy-five (75) hours. Reimbursement shaIl occur
with the next regular payroll following the pay period in which the employee's written
request has been approved by the City Manager.
Section 4. Approval for Overtime - In order for an employee to earn compensation for
overtime, he/she must receive a supervisor's or the Chief of Police's approval. Overtime
worked to meet an emergency situation does not require advance approval, but shall be
certified by the Chief of Police before being credited to the employee's record.
ARTICLE 35. VACATION
Section 1. Eligibility - AIl permanent full-time employees having completed one (I)
year of continuous service with the department and annuaIly thereafter, shaIl be eligible
for a paid vacation at their current rate of pay.
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Section 2. Accrual- Vacation hours are accrued as follows:
A. Vacation leave is accumulated yearly and is computed on the basis of the
employee's hire date as a regular fuIl-time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the date of
initial employment as a fuIl-time probationary or permanent employee to the anniversary
date concluding the fuIl year ofthe designated year.
C. AIl eligible unit employees hired after February I, 1998, will accrue vacation
leave by the following schedule:
Max Hourly Accrual Annual
Years ofSvc Hours Earned RatelPay Period Bi-Weekly Vacation Hours
0-5 Years 80 3.0769 80 hours
6-14 120 4.6153 120 hours
15+ 160 6.1538 160 hours
D. An eligible employee hired prior to February 1, 1998, shall accrue vacation
leave by the foIlowing schedule:
I
Years ofSvc
Hourly Accrual Rate Per Pay Period
Annual Accrual Rate
0-5 Years
6
7
8
9
10 or more
4.615
4.923
5.231
5.486
5.539
6.154
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
Page II of23
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of the amount
accrued in the thirty (30) months immediately preceding the employee's anniversary date of
employment. If the needs of the service require that a sworn employee be denied the use of
accrued vacation time and such denial is anticipated to result in a cessation of accrual, the
employee may request that his maximum accrual be increased to an amount not to exceed
the amount accrued in the preceding thirty-six (36) month period. Such request must be
submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval
of the Chief of Police and City Manager.
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B. The accrual of vacation shall cease when an employee's accumulated vacation is
at the maximum provided in this Section. Additional vacation shall begin accruing when the
employee's vacation balance falls below the maximum.
Section 4. Use of Vacation - Vacation is granted as follows:
A. The time at which an employee's vacation is to occur shall be determined by
the Chief of Police with due regard for the wishes of the employee and particular regard
for the needs ofthe service.
B. Employees who have completed five (5) years or more of continuous service
may elect to be paid for up to a maximum of forty (40) hours of accrued vacation on an
annual basis provided that forty (40) or more hours have been taken as vacation time off
during the course of the prior twelve (\2) months. Request for payment shaIl be made
thirty (30) days prior to the employee's anniversary date of employment or in conjunction
with a vacation request of forty (40) or more hours.
Section 5. Vacation Payment at Termination - Employees terminating employment shall
be paid in a lump sum for all accrued vacation leave no later than the next regular payday
following termination. If the termination is due to death of the employee, the employee's
beneficiary designated on the City's life insurance policy form in the employee's
personnel file shall receive the employee's pay for unused vacation. In the event an
employee has not designated a beneficiary, the payment shall be made to the estate of the
employee.
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Section 6. Vacation Accrual During Leave of Absence - No vacation leave shall be
earned during any leave of absence without pay for each fourteen (14) day period (pay
period) of such leave.
Section 7. Prohibition Against Working for City During Vacation - Employees shall not
work for the City during his/her vacation and, thereby receive double compensation from
the City.
ARTICLE 36. LEAVE OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay - Authorized Leave of Absence
Without Pay is granted as follows:
A. Upon the Chief of Police's recommendation and approval of the City
Manager, an employee may be granted a leave of absence without pay in cases of an
emergency or where such absence would not be contrary to the best interest of the City,
for a period not to exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a leave of
absence, with or without pay, for a period not to exceed one (I) year.
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C. At the expiration of the approved leave, after notice to return to duty, the
employee shall be reinstated to the position held at the time leave was granted. Failure
on the part of the employee to report promptly at such leave's expiration and receipt of
notice to return to duty, shaIl be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be
Page 12 of23
eligible to accumulate or receive fringe benefits except as specifically provided for in this
Memorandum of Understanding, except that the City shall contribute to an employee's
medical and dental health plan, disability insurance plan, life insurance plan for the first
thirty (30) days of the leave of absence.
ARTICLE 37. UNAUTHORIZED LEAVE OF ABSENCE
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Unauthorized leave of absence is days, or portions of days, wherein an employee is
absent from work without City approval. Unless subsequently approved, such absence
will result in a deduction from the employee's pay of an amount equivalent to the time
absent. Employees taking unauthorized leave of absence may be subject to disciplinary
action, up to and including termination of employment.
ARTICLE 38. BEREAVEMENT LEAVE
Employees may be granted up to forty (40) hours of bereavement leave of absence by
reason of a death in their immediate family which shall be restricted and limited to father,
mother, step-mother, step-father, brother, sister, spouse, child, step-child, grandmother,
grandfather, mother-in-law, father-in-law, or all degree of relatives not listed but living
within the household of the employee.
ARTICLE 39. MILITARY LEAVE OF ABSENCE
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Section I. Military leave shall be granted in accordance with the provisions of State law.
All employees entitled to military leave shall give the Chief of Police an opportunity
within the limits of military regulations to determine when such leave shall be taken.
Whenever possible, the employee involved shall notify the Chief of Police of such leave
request ten (10) working days in advance of the beginning of the leave.
Section 2. In addition to provisions of State law, the City shall continue to provide
eligible employees on military leave the current health benefits (medical, dental,
disability, and life insurance) and retirement (if applicable) for the first three (3) months
of military leave. During said period, the employee shall be required to pay for the City
the same co-payments as required of other employees. After the first three (3) months of
military leave, the employee may continue said benefits at his cost.
ARTICLE 40. PREGNANCY DISABILITY LEAVE OF ABSENCE
Section I. An employee who is disabled due to pregnancy shall be granted a pregnancy
disability leave for a minimum of three (3) months provided that a lesser period may be
granted upon request ofthe employee.
Section 2. Pregnancy Disability Leave (PDL) runs concurrently with FMLA and CFRA
leave.
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Sections 3. Disability arising out of pregnancy shall be treated the same as other
temporary disabilities in terms of eligibility for sick leave with or without pay, extended
sick leave, or accumulated sick leave.
Section 4. Employees are encouraged to report the existence of pregnancy. Where the
nature of the duties performed is hazardous or burdensome, the employee may be
required to submit medical evidence as to fitness for the performance of duties of the
position.
Section 5. Employee shall be placed on medical leave when the employee's physician
states that medical disability would interfere with the performance of the duties of the
position or continuing work would be hazardous. Should disagreement arise between the
Chief of Police and the employee's physician as to the hazardous nature of the job or the
Page 13 of23
ability of the employee to perform the usual and customary duties of the position, a
physician representing the City, to the extent protected by law, wil\ resolve the conflict.
Section 6. Following childbirth and upon release from medical treatment for the
disability resulting from the pregnancy, the employee must submit a medical statement of
fitness to perform the duties of the position to the Personnel Department. At that time, a
determination wil\ be made for a retum to work date with reinstatement to be
accomplished as expeditiously as is reasonably practicable.
ARTICLE 41. JURY DUTY
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Section 1. Jury Duty is granted as follows:
A. Employees required to report for jury duty shall be granted leave of absence
for such purpose, upon presentation of jury notice to the Chief of Police. Said employees
shall receive full payment for the time served on jury duty, provided the employee remits
any fees received for such jury service, excluding payment for mileage, to the City's
Administrative Services (Finance) Department. Compensation for mileage, subsistence
or similar auxiliary allowance shall not be considered as a fee and shall be returned to the
employee by the Administrative Services (Finance) Department.
B. If the surn of the employee's jury duty responsibility is less than a full work
day, the employee shall contact his supervisor as to the feasibility of returning to work
that day.
ARTICLE 42. SICK LEAVE
Section I. General Sick Leave Provisions - Sick leave may be accrued and used as
follows:
A. All employees covered by this MOU shall be eligible to accrue sick leave.
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B. Sick leave shall be accrued at the rate of ten (l0) hours per calendar month for
each calendar month that the employee has worked regularly scheduled hours and/or has
been on authorized leave which provides for full pay, for at least fifteen (IS) working
days in that month.
C. Employees hired prior to July I, 1985, wil\ be place into a newly established
sick leave bank at the rate of 10 hours per calendar month for each calendar month that
the employee has worked regularly scheduled hours. This new sick leave bank,
established February 4, 1998, cannot be cashed out for disability retirement.
Accumulated sick leave shall not be used to postpone the effective date of retirement as
determined by the City.
D. Sick leave shall be used only cases of actual personal sickness or disability,
medical or dental treatment, family leave or as authorized by the City Manager under
special circumstances. The employee requesting sick leave shall notify his immediate
supervisor or the Chief of Police prior to the time set for reporting for work. Sick leave
with pay shall not be allowed unless the employee has met and complied with the
provisions of this Memorandum of Understanding.
E. Sick leave shall not granted for disability arising from any sickness or injury
purposely self-inflicted or caused by an employee's own wil\ful misconduct and
negligence.
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F. The Chief of Police may require employees to present proof of physical fitness
for duty for sick leaves in excess of three (3) consecutive working days for those on a
twelve (12) hour shift and in excess of four (4) consecutive working days for those on
other shifts.
Section 2. Sick Leave Accumulation and Payment - Sick leave shall be accumulated and
compensated as follows:
Page 14 of23
A. There is not limit on the amount of sick leave that an employee may
accumulate.
B. Employees who have not completed fifteen (15) years of service with the City
will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated
sick leave be used to postpone the effective date of retirement as determined by the City.
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C. Employees who have completed fifteen (15) years of service with the City
shall be paid for accumulated sick leave in the lesser amount of (i) twenty-five percent
(25%) of his accumulated sick leave at the employee's final hourly rate of pay or (ii) two
thousand five hundred doIlars ($2,500). Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City.
D. Employees employed prior to July I, 1985, who are retired because of work
related disabilities will be paid all of the accumulated sick leave at their fmal rate of pay.
Accumulated sick leave shall not be used to postpone the effective date of retirement as
determined by the City. Any sick leave accrued after February 4, 1998 will be placed in
the sick leave bank set forth in this article, Section I, C. above, and is not eligible for this
payout provision.
Section 3. Sick Leave During Vacation - An employee who becomes ill while on
vacation may have such period of illness charged to his/her accumulated sick leave
provided as follows:
A. Immediately upon return to duty, the employee submits to his/her supervisor a
written request for sick leave and a written statement signed by his/her physician
describing the nature and dates ofthe illness.
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B. The Chief of Police recommends and the City Manager approves the granting
of such sick leave.
Section 4. Extended Sick Leave - In the event of an employee's continuing illness which
results in depletion of sick leave accumulation, the employee may request in writing, to
the Chief of Police and City Manager, a leave of absence without pay for the purpose of
recovering form the illness, provided:
A. The employee has used all accumulated sick leave.
B. The employee presents to his department head for referral to and consideration
by the City Manager, a written explanation of the employee's illness and an estimate of
the time needed for recovery signed by the employee's physician.
C. Prior to resuming his/her duties, the employee may be required to take a
medical examination at City expense and provide a medical release to return to work
from the employee's physician as prescribed by the City Manager. The employment
record and the results of such examination shall be considered by the City Manager in
determining the employee's fitness to return to work.
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D. The maximum period of such leave shall be ninety (90) days. If the employee
desired an extension, he/she shall follow, prior to the termination of the initial leave, have
results of the employee's physician examination considered by the City Manager in
determining the employee's fitness to return to work.
ARTICLE 43. CATASTROPHIC LEAVE
Section 1. Establishment - In a side letter agreement between the City and the
Association signed on August 8, 2005, a Catastrophic Leave Program for the Association
was established which allows donation of paid time for members of the Association.
Page 15 of23
Section 2. Purpose - The purpose of the Catastrophic Leave Pool is to enable full-time
employees to receive and donate vacation, administrative leave, and compensatory time
off (CTO) leave credits on an hour for hour basis to assist employees who have no
remaining bank balances and who will suffer a financial hardship due to prolonged illness
or injury to themselves, or a member of their immediate family. Sick Leave is excluded
from this program. The conditions of this program are as follows:
A. Catastrophic Leave will be available only to employees who have exhausted
their own paid leave through bona fide serious illness or accident.
I
B. The leave pool shall be administered by the Administrative Services (Finance)
Department.
C. Employees must be in regular full-time appointed positions to be eligible for
catastrophic leave.
D. Employees receiving Long-Term Disability payments may participate in this
program, but may not receive combined payments that would exceed their normal take
home pay.
E. All donations are to be confidential, between the donating employee and the
Administrative Services (Finance) Department.
F. Employees donating to the pool must have forty (40) hours of paid leave
available after making a donation.
G. Donating employees must complete a Catastrophic Leave Program form with
a signed authorization, and includes specifying the specific employee to be a recipient of
the donation.
H. Donations will be subject to applicable tax laws.
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I. The availability of Catastrophic Leave shall not delay or prevent the City from
taking action to medically separate or disability retire an employee.
J. Catastrophic Leave due to illness or injury of an immediate family member
may required medical justification as evidenced by a Physician's Statement that the
presence ofthe employee is necessary.
K. Catastrophic Leave due to illness or injury of the employee will require
medical justification as evidenced by a Physician's Statement as to the employee's
condition.
ARTICLE 44. FAMILY LEAVE (FMLA/CFRA)
Family Leave (FMLA/CFRA) request procedures are established by City Manager
Administrative Directive, Section 200-21 and are incorporated herein by reference, and
shall govem.
ARTICLE 45. ON-THE-JOB INJURY
Sworn employees who are disabled by injury or illness arising out of and in the course of
their duties as public safety employees of the City shall be entitled to the benefits of
Califomia Labor Code, Section 4850, as the Section now exists or is hereinafter
amended. Any payment made pursuant to this section shall not charged as sick leave;
sick leave and vacation benefits shall accrue during the period of disability pursuant to
the provisions of Califomia Labor Code, Section 4850.
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Page 16 of23
ARTICLE 46. OFF-THE-JOB INJURY
An employee injured outside of hislher service with the City shall be compensated
through the disability insurance plan provided by the City.
ARTICLE 47. PERSONNEL RULES AND REGULATIONS
I
Section I. The Association and the City have met and conferred regarding presentation
for the approval of the citizens of the City of Seal Beach to abolish the Civil Service
Commission from the City's Charter in the March 2006 election, the Personnel Rules and
Regulations are incorporated herein by reference, and shall govern.
Section 2. The Association and the Union agree that all City Council Policies and City
Manager Administrative Directives are incorporated herein by reference, and shall
continue to govem.
ARTICLE 48. PROBATIONARY PERIODS
Section I. Appointment FoIlowing Probation Period - Regular full-time appointment is
granted as follows:
A. The original appointment and promotional appointment of employees shall be
tentative and subject to a probationary period of twelve (12) months of service.
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B. When unusual circumstances merit the extension of the probationary period,
the Chief of Police shall request in writing for the approval of City Manager. Said
extension shaIl not exceed one hundred and eighty (180) days. The Personnel
Department shall notify the Chief of Police and the probationer concerned no less than
two weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the Chief of
Police shall file with the Personnel Department a statement in writing that the retention of
the employee is desired. No actions changing an employee's status from probationary to
regular fuIl-time shall be made or become effective until approved by the City Manager.
Section 2. Objective of Probationary Period - The probationary period shall be regarded
as a part of the testing process and shall be utilized for closely observing the employee's
work, for securing the most effective adjustment of a new employee to his/her position,
and for rejecting any probationary employee whose performance does not meet the
required standards ofthe Department.
Section 3. Employee Performance Appraisal- Appraisal are conducted as follows:
A. Each probationary employee shaIl have his performance evaluated at the end
of each three (3) months of service or at a more frequent interval when deemed necessary
by the Chief of Police. Permanent employees shall have their performance evaluated
annually or at more frequent intervals when deemed necessary by the Chief of Police.
Such evaluation shall be reported in writing and in the form approved by the Personnel
Department.
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B. The written appraisal report of an employee's performance evaluation shall be
filed in triplicates, the original to be filed with the Personnel Department and made a part
of the employee's personnel records, one copy to be retained by the Department, and one
copy to be given to the employee.
Section 4. Rejection of Probationary Employee - A probationary employee can be
rejected as foIlows:
A. During the probationary period an employee may be suspended, demoted, or
rejected anytime by the Chief of Police, with the approval of the City Manager, without
cause and without right of appeal, except the right of appeal of punitive actions as may be
provided by law. Notification of rejection in writing shall be served on the probationary
employee and a copy with the Personnel Department. A termination interview may be
Page 17 of23
conducted with each rejected probationer.
B. An exception wiIl be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes hislher
reputation or seriously impairs hislher opportunity to earn a living, or which might
seriously damage his standing and association in this community. Where there is such a
deprivation of a "liberty interest," the employee shall be given pre-disciplinary
procedural due process as defined in the City of Seal Bach Personnel Rules and
Regulations and this Memorandum of Understanding. Prior to the disciplinary action
becoming final, the employee must be notified of his right to the appeal procedure.
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ARTICLE 49. LAYOFF PROCEDURES
The policy for layoff procedures in the City of Seal Beach's Rules and Regulations are
incorporated herein by reference, and shall continue to govem.
ARTICLE 50. MOU REOPENERS
Section I. The parties shall reopen any provision of this MOU for the purpose of
complying with any final order of a Federal or State Agency or Court of competent
jurisdiction requiring a modification or change in any provision or provisions of this
MOU, in order to comply with State or Federal laws.
Section 2. Upon the request of either the City or Association, this MOU shall be
reopened to discuss retiree medical insurance. Issues to be discussed include the possible
implementation of retiree health savings accounts, voluntary employee benefit accounts,
etc.
ARTICLE 51. CELL PHONES
I
Effective January 2006 all members of the Association wiIl receive a seventy-five dollars
($75) per month cell phone allowance. Members wiIl provide their own phone/plan for
use on City business.
ARTICLE 52. NO STRIKE - NO LOCKOUT
Section I. The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU they will not cause or condone any strike, walkout,
slowdown, sickout, or any other job action by withholding or refusing to perform
services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
MOD. The term "lockout" is hereby defined so as not to include the discharge,
suspension termination, layoff, failure to recall or failure to return to work of employees
of the City in the exercise of its rights as set forth in any of the provisions of this MOU or
applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above
may be subject to disciplinary action up to and including discharge.
I
Section 4. In the event that anyone or more officers, agents, representatives or members
of the Association engage in any of the conduct prohibited in Section I above, the
Association shall immediately instruct any persons engaging in such conduct that they
must immediately cease engaging in conduct prohibited in Section I above and retum to
work.
Page 18 of23
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ARTICLE 53. EMERGENCY WAIVER PROVISION
Section I. In the event of circumstances beyond the control of the City, such as acts of
God, fire, flood, insurrection, civil disorder, national emergency or similar circumstances
if the City Manager or his designee so declares, any provisions of this MOU 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, the Association shall have the right to meet and confer with
the City regarding the impact on employees of the suspension of these provisions in the
MOU and any personnel rules and policies.
ARTICLE 54. SEPARABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full force and
effect.
ARTICLE 55. SAVINGS CLAUSE
Section 1. Both parties declare that the sections, paragraphs, sentences, clauses and
phrases of this Memorandum of Understanding are severable, and if any phrase, clause,
sentence, paragraph or section of the Memorandum of Understanding hereby adopted
shall be declared unconstitutional or otherwise invalid by the judgment or decree of a
court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
of the remaining phrases, clauses, sentences, paragraphs and sections of this
Memorandum of Understanding.
ARTICLE 56. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratified of the required number of duly authorized representatives of the
Association. Following such approval and adoption, the Memorandum of Understanding
shall be implemented by the appropriate resolution(s), ordinance(s), or other written
action of the City Council.
For the City:
For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:
~~~
Sergeant Ron LaVelle
Date: 2--/3-eJ'k.
~ULJ.~~
Sergeant Robert Mullins
Date: ;1./;3/0('.,
~_r
Sergeant Tim Olson
E\ ,I. _
~...-..
Page 19 of23
EXHIBIT A
1) Effective July, 2005 four percent (4%):
Police Management. Range 1 2 3 4 5 10+ 20+
Association
Police Sergeant 61B 6,291 6,606 6,936 7,283 7,647 8,029 8,431
Police Captain 70E 7,974 8,373 8,791 9,231 9,692 10,177 10,686
Police Records Supervisor 44B 4,134 4,341 4,558 4,786 5,025 5,276 5,540
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2) Effective July, 2006
An amount equal to the increase in the- CPI, all urban consumers LA-Long Beach for the
twelve months ending in April 2006, subject to a minimum increase. Minimum of 3%
and a maximum increase of 5%.
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Page 20 of23
EXHIBIT B
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
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INTRODUCTION
The physical fitness program is a voluntary program for all swom officers. Officers work
out on their off duty time and may, depending upon availability of funds and staffing
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each 6 month period. Officers may receive up to
20 hours of vacation time by meeting the requirements of the test at the end of each six
month period. The maximurn time each officer will be able to achieve is up to 40
vacation hours eamed annually for as long as the officer continues successfuIly in the
program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and
advise them of your intent. You will need to have a doctor's release to aIlow you to
participate in the program. A copy of the physical requirements of the physical fitness
program should be reviewed by your doctor when obtaining your release. For details of
the annual physical exam refer to Article XIII section 6 of the S.B.P.O.A. M.O.U.
I
TESTING
Each officer participating will be tested every six months, specificaIly in the months of
January and July. A minimum level has been established for each test. Participants will
have to move up a category or reach maintenance level indicated on each test by age
group. At one: year and six months, participants will be required to be at the maintenance
level. Once the maintenance level has been attained, participants will have to maintain
that level on subsequent tests. Testing each six month period will validate the awarding
of vacation time. Testing may be conducted during on-duty hours at the Watch
Commanders discretion. The Physical Fitness Committee will perform the testing.
Initial program tests will be conducted in February 1998, June 1998 and December 1998.
ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as set forth
in TESTING above. No employee shall receive any hours if they fail to meet the
minimum standards for at least three of the five tests. For the December 1998 testing
only, employees shaIl receive eight (8) hours per successfully completed test.
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two to be
appointed by the SBPOA Board of Directors, and two to be appointed by the Chief of
Police. The Physical Fitness Committee is established to retain administrative control
over the program. AIl committee members shaIl be active participants in the program.
The committee will be responsible for examining problems and disputes that arise from
the administration of the program. The committee will be the formal arbitrators on these
matters.
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V ALIDA TED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated medical problems are those diagnosed by a physician as limiting
participation in a certain activity.
REOUIRED TEST
The physical fitness needs of Police Officers fall into three areas:
Cardio Fitness
Strength
Flexibility
Page 21 of23
The tests outlined below may be modified by the Physical Fitness Committee as
necessary.
The tests used in this program to evaluate fitness in these areas will be:
Cardio fitness 1.5 Mile run
Strength Push-ups Sit-ups Pull-ups
Flexibility Forward Stretch
MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.
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Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation, The city
will not provide blanket coverage for any injury which could conceivably be claimed
under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to beginning
prograrn participation.
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a 1.5 mile course established by the Training Unit. The time needed to
cover the distance is recorded and compared to the standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it measures
ones aerobic capacity or the ability of the heart and lungs to utilize oxygen.
Excellent
Good
FaIr
Poor
Very Poor
Main!. Level
Mmim. Level
Excellent
Good
Fair
Poor
Very Poor
MaIO!. Level
Minim. Level
Under 30
Below
10:15
10:16-12:00
12:01-14:30
14:31-16:30
16:31-Above
11:00
14:30
40-49
Below
12:15
12:16-13:45
13:46-16:15
16:16-18:15
18: 16-Above
13:30
16:00
30-34
Below
11:00
11:01-12:30
12:31-15:00
15:01-17:00
17:01-Above
12:00
15:15
50+
Below
12:30
12:31-14:30
14:31-17:00
17:01-19:00
19:01-Above
14:00
16:45
35-39
Below
11:30
11:31-13:00
13:01-15:30
15:31-17:30
17:31-Above
12:30
15:30
40-44
Below
12:00
12:01-13:30
13:31-16:00
16:01-18:00
18:01-Above
13:00
15:45
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STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and
toes. A partner places his fist on the ground below the officer's chest. The officer must
keep his back straight at all times and from the up position, lower him/herselfto the floor
until his chest touches his partner's hand and then push to the up position again. Officer's
can rest in the up position. The total number of correct push-ups are recorded and
compared to the standards on the chart.
This test measures muscle endurance and a low level of muscle endurance indicates an
inefficiency in movement and a poor capacity to perform work. This test measures
mainly the muscles of both the chest and upper arm which are important in physical
confrontations such as pushing, pulling, controlling, and handcuffing.
Excellent
Good
Fair
Poor
Very Poor
Main!. Level
Mmlm. Level
Under 30
43 -
28-42
20-27
5-19
4-Below
40
18
30-39
37 -
23-36
17-22
3-16
2-Below
35
15
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40-49
30-
20-29
15-19
2-14
2-Be1ow
25
13
50+
25+
17-24
12-16
2-11
I-Below
18
11
Page 22 of23
PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight
in the beginning position with the feet off the ground. Officer must pull his body up to a
position where his chin is above the bar for one repetition; the total number of correct
pun-ups are recorded and compared to the standards on the chart.
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In lieu of pun-ups, officers may choose to do the "La Pull". Officers are required to pun
down 70 percent of their body weight ten times in order to achieve maintenance level.
Under 30 30-39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 & above 2 & under 1 & under 0
Main!. Level 8 6 5 4
Minim. Level 5 3 2 1
SIT-UPS
Officer starts by lying on his/her back, knees bent heels flat on the floor and arms folded
across the chest. A partner holds the feet down. In the up position, the officer wiIl touch
his elbows to his knees and then return to the starting position, not placing their shoulder
blades on the ground before starting the next sit-up. This is a continuous exercise, no
resting. The total number of correct sit-ups are recorded and compared to the standards
on the chart.
This test measures muscular endurance in the abdominal muscle group, an area of great
concem to the sedentary individual. Much evidence exists of the correlation between
poor abdominal muscle development, excessive fat tissue and lower back problems.
I *1 CONTINUOUS MINUTE *
Under 30 30-39 40-49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23 - 17 - 6- 5 -
Mam!. Level 45 40 35 30
Minim. Level 30 25 20 15
FLEXffiILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are
placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his
toes with his fingertips as far as he can. The distance above or below his heels is
measured. The distance is recorded as plus or minus inches. Plus inches is below the
heels and negative is above the heels. Compare the results against the standards on the
chart.
Under 30 30-39 40-49 50+
Excellent + 10" & below +9" & below +8" & below +7" & below
Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" o to +6.5"
Fair + 1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +111 -6.5" to +.5" -9" & above -10" to 3.511
I Very Poor -511 & above -7" & above -9.5 & above -10.5"& above
Mam!. Level +5" +4" +1" 0"
Minim. Level 0" -2" -4" -5"
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