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HomeMy WebLinkAboutCC Res 5226 2004-03-31 I 1 1 RESOLUTION NUMBER ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE POLICE MANAGEMENT ASSOCIATION AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, the Government Code of the State of California prescribes a procedure for resolving matters regarding wages, hours and other terms and conditions of employment; and WHEREAS, the City of Seal Beach has met and conferred in good faith with the Police Management Association for the purposes of discussing said terms and conditions of cmployment; and WHEREAS, the City of Seal Inach and the Police Management Association have reached an agreement regarding wages and other benefits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach hereby amends the Memorlil)dum of Understanding between the Police Management Association and the City of Seal Beach for wages and benefits for July I, 2003 - June 30, 2005. PASSEp, APPROVED ~P,TED by the City Council of the City of Seal Beach on ~-- day of ~L ,2004 by the following vote: AYES: Coilllcilmembers ~, 4~1 ~-r-- NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Counci 1 m..mhers tL 'l'Jm;~yo,d, /~ STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereb~ertify that the foregoing resolution is the original copy of Resolution Number"~~ on file in the office 0 City Clerk, passed, approved, and adopted by the C(jy Council of the City of Seal ea , at a gular meeting thereof held on the ~ day of , ,2004. ' Resolution Number ~~ SRAT. RRArH pm .TrR MANAC1RMRNT ASSOrTATION MRMORANnTTM OF TTNnRRSTANnTNC1 TART R OF rONTRNTS ARTIrr R r RRrOC1NTTTON Section 1. Section 2. Section 3. I I I 1 ARTrrr.R IT RMPr .oYRR ORC1ANT7.ATrON DTTRS Section I. Dues and Benefit Deductions Section 2. Indemnification I I ARTTrT.R ill rITY RTC1HTS Section 1. Section 2. .. I 2 ARTTrT.R TV NON-msrRTMTNATrON Section 1. Section 2. 2 2 ARTTrT ,R V rOMPRNSATION pr AN Section I. Basic Compensation Plan Section 2. Advancement Within Salary Ranges Section 3. S~ary Increases Following Promotion or Temporary Assignment Section 4. Salary Decreases - re Demotion Section 5, Adjustments of Salary Ranges Section 6. Salary and Benefits on Suspension Section 7. Salary Adjustments During Term 2 3 3 3 4 4 4 1 ARTTrr.R vr SPRrTAT. PAYPROVTSrONS Section I. Uniform Allowance and Safety Equipment Section 2. Court Time Section 3. Call-back Section 4. TmningProgrnms, Section 5. Educational Incentive.Pay Section 6. Stand-by Pa)l'; .. \ ~;~ Section 7. Experience Pa~!SC#iQ~ty Pay Section 8. Movic Detailr~~...,~":fl . 4.:/' ;';1..11 Section 9. Deferred:qomp~,!i' n Section 10. Bi~gul\l~~plit'P " ation Section II. LimitatioRs....;;.>-' J 4 4 5 5 5 5 6 6 6 6 6 ARTrrr R VTT FRTNC1R RRNRFTT AnMTNTSTRATION Section 1. Administration Section 2. Selection and Funding Section 3. Limits Section 4. Changes 7 7 7 7 1 ARTTrT.R Vill HRAT.TH DFNTAT. T.fFF &: mSARIT,ITYTNSTmANrR . J Section I. Health and Dental Insurance Plan Section 2. Health Insurance Plan for Retiree's For Safety Employees 7 8 8 1 1 I Resolu tion Number 51;2, b For Civilian Employees Section 3. Life Insurance Plan Section 4. Disability Insurance Plan Section 5. Premium Only Plan Section 6. Annual Physical 9 9 10 10 10 ARTIrT FIX RRTTRRMRNT Section 1. Section 2. 10 10 ARTTrr.R X HOHRS OF WORK Section 1. Work Period Section 2. Three-Twelve Work Schedule 10 11 ARTTrLR Xl OVRRTTMF. rOMPF.NSATTON Section 1. Overtime Defined .. Section 2. Compensation for Overtime Section 3. Compensatory Time Section 4. Overtime Reporting 11 11 11 12 ARTTrIRXTT HOLmAVS Section 1. Recognized Holidays Section 2, Holiday Compensation - Sergeant - CaptainlRecords Supervisor 12 12 12 ARTTrIFxm VArATTON Section 1. Eljgibility Section 2. Accrual Section 3. Maximum Accrual Section 4. Use of Vacation Section 5. Vacation Payment at Termination Section 6. Vacation Accrual During Leave Section 7. Prohibition Against Working for City During Vacation 13 13 13 13 14 14 14 A RTrrI .F. XlV A nMTNTSTR A TIVF T .RA VR 14 ARTTrT _R XV I FA VFS OF ARSFNrp. Section 1. Authorized Leave Without Pay Section 2. Bereavement Leave Section 3. MilitaryLeave Section 4. Pregnancy Disability Leave Section 5. Unauthorized Leave of Absence 14 15 15 15 15 ARTIrLR XVI TTTRVnTITV Section 1. Compensation for Jury Duty 16 ARTTrLF XVTT STrx LRAVR Section I. General Sick Leave Provisions Section 2. Accrual - Sergeant Position Section 3. AccumulationlPayment - Sergeant Position Section 4, Accrual - CaptainlRecord Supervisor Position Section 5. Family Leave Section 6. On-tile-Job Injury Section 7, Off-the-Job Injury 16 17 17 17 18 18 18 ARTTrT ,F xvm PRORA TTON A RV PFRTOnS Section 1. Appointment Following Probation Section 2, Objective of Probation 18 18 Resolution Number ~ Section 3. Employee Perfonnance Appraisal Section 4. Rejection of Probationary Employee 19 19 ARTIrT F XIX I.AVOFFPROrFnTTRF~ Section I. Policy 19 ARTIrl.F XX MI~rFl I ANFOnS PROrFnTTRR<; Section 1. Tuition Reimbursement Section 2. Physical Fitness Program 19 19 Exhibit B 1 ARTln.F XXI FNTTRF MFMORANnTTM OFTTNnFR~TANnTNG 20 ARTTrT ,F XXIT rONrFRTFO RFFTI~AT. TO WORK Section I. Prohibited Conduct Section 2. Association Responsibility 20 20 A RTTrl.E xxm FMERGENrV W ATVFR PROVT~lON 20 t, ARTlrl.E XXiV SEPARAHIT .ITY 21 ARTTrl.F xxv TRRM OF MFMORANnlTM OF ITNnER~TANnTNG Section I. Tenn Section 2, Negotiation Commencement Date 21 21 ARTTrl.F XXVi RATTFTrATION 21 EXHTHIT A - Salary Detail EXHTHIT H - Ph)!"i",,1 Filne..~ Pmgr"m O"I"il 22 23 1 I I 1 1 Resolution Number ~~ MEMORANDUM OF UNDERSTANDING BETWEEN TIIE CITY OF SEAL BEACH AND TIIE SEAL BEACH POLICE MANAGEMENT ASSOCIATION ARTJr.T F. T - RF.rOGNTTTON Sed;nn 1 Pursuant to the provisions of the Employer-Employee Relations Ordinance No,1ftl, 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, 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: a) Police Captain, and b) Police Sergeant and c) Police Records Supervisor (a civilian position). Sret;nn 7 The City recognizes the Association as the representative of the employees in the classification and assignments set fotth in S_ection I. 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. Sp.r.tinn 1 The City agrees that the representatives of Association, not to exceed two (2) in number, shall be entitled to meet and confer with Management during said representatives' nonnal 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 Association and/or other offices of Association. ARTlrf,F TT - FMPl.OYF.F ORGANIZATIONAl. nIIRl:: Ser.t;nn 1 nlle~ ~nd Renefit n"""r.t;nn~ 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 Fonn 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. SP.clinn 'J Tnrlemnifil"Jltlnn 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. ARTlrT F m _ rlTV RTGHTS Sret;nn 1 The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by s~ecific provisions of this Memorandum Resolution Number ~~ of Understanding or by law in the exercise of it's rights to manage the business of the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, not abridged by this Memorandum of Understanding or by law, shall include, but not be limited to, the following 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. 1 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'emplo~e 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 disc~ge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in departmental disciplinary procedure. I S""tinn 2 Where the City is required to make changes in its operations because of the requirements of law, 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 Memorandum of Understanding. ARTTrT F. TV _ NON_nTSrRTMTNATTON S""tinn 1 The City and the Association agree that they shall 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 Memorandum of Understanding 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 Memorandum of Understanding in compliance with state or federal anti-discrimination laws. Sf'r.tinn 2 Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender. ARTTrT.p V - rOMPFNSATTONPT.AN 1 ~p.r..finn 1 RA~ir. C:nmpp.n~Atinn Phm A. All 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. 2 1 1 1 Resolution Number ~~~ B. The fIrst step is a minimum rate and is nonnally the hiring rate for the classifIcation. An employee may be assigned, upon appointment, to other than the nonnal entering salary step within the assigned range upon the recommendation of the Chief of 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 nonnally 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 recommcndation of the Chief of Police and approved by the City Manager. S""tinn ? A<lvanr.p.mP.11t within Salary Rangp.~ merit. A. In order to properly compensate an employee, advancement in salary shall be based on , t. 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 detennination of job perfonnance. 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 perfonnance step increase, special perfonnance 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 a special perfonnance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. E., It shall be the responsibility of each superviS9r to establish realistic achievement levels for each step increase within a salary range. Achievement levels may be fonnal or infonnal and shall be reviewed by the Chief of Police for the purpose of maintaining unifonnity of standards throughout the department. ~P.r.tinn ':l ~::Ihu:y Tnr.TP.::U~f'_~ Following Pmmntinn 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 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 5% salary increase over the base salary received prior to the temporary appointment. s'P.r.tion 4 S,Alsuy nP.I":I"P..A!il:f":!iI: Following OP.111ntinn 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 ~iversary date. _1 Resolution Number ~~~ Sectinn <j Arljn~tm,,"l~ nfSlIIAl:yRlIl1gr.~ 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. ~P.r.tinn II S.~ls:1l'}' s:lnct RP.11p.tih:: on s'11!il:pp.n!il:lnn During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, I 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. Se"tinn 7 SlIllIt)' lIrljn~tm,,"l~ rlming Term nfMemnrllnrlnm nflJnrle....lllnrling Attached hereto and incorporated herein is Exhibit "A". Said Exhibit effects base salary adjustments for represented classifications as follows: .. A. Effective July 2,2003, a 2% base salary increase. B. Effective first payroll period July, 2004, a 2% base salary increase. ARTTr.T.R VT _ SPRr.TAT. PAVPROVTSTONS Spr.!;nn 1 T Jnifnnn A llnwlInl'-" lInrl SlIfety RqJlipmenl A. A Police, Sergeant, whether or not said employee wears a traditional uniform, shall receive an annual unifonn allowance of six hundred sixty dollars ($660). The Police Captain 1 position shall receive an annual unifonn allowance of five hundred five dollars ($550). Civilian positions in this unit are not eligible for unifonn allowance. B. The City shall provide the initial issue ofunifonns 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. s.~tlnn '- rnllrt Time A. Sergeants 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 (2-213) hours at the rate of one and one-half (I-II2) times the employee's regular hourly rate of pay. Should the appearance exceed two and two-thirds hours, the employee shall receive pay for the actual appearance time, excluded court designated lunch period, at the rate of one and one-halftimes 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. B. Any appearance that is contiguous with a regular work shift is not subject to the two and 1 two-thirds minimum. C. All sergeants 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 hours for all on call time after the hour of 12:00 noon. 4 I I I Resolution Number ~~~ S""t;nn '1 r.a11-hade 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-haIf(I-II2) 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, S""t;nn 4 T,."in;ng Prr1gram. 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 P,O.S.T. training programs requiring an overnight stay(s) will receive a per diem allowance or provided as provided by P.O.S.T. 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. ~P.r.tinn Ii F.(hlr.~tinnAl Tnr.P.1ltivp. PAY A. Employees covered by this section who have completed 45 semester units of credit from an accredited college or university with at least 16 units in the field of Police Science shall receive the following compensation in addition to their base monthly rate of pay: Police Sergeant. . . . . . . .. 89.00/month B. Employees covered by this section who have completed 60 semester units of credit from an accredited college or university with at least 19 units in the field of Police Science or have attained a P.O.S.T. Intermediate Certificate shall receive the following compensation in addition to their base monthly rate of pay: Police Sergeant. . . . . . . l48.00/month C. Employees covered by this section who have completed a Bachelor's Degree from an accredited college or university with at least 22 units in the field of Police Science or have attained a P.O.s.T. Advance Certificate shall receive the following compensation in addition to their base monthly rate of pay: Police Sergeant. . . , ,. 207.00/month 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; i.e., employees with an Associate or Bachelor's degree will receive compensation for the Bachelor's degree only, F. All payments under this Section are subject to verification approval by the City Manager, G. Employees serving an original probationary period shall be ineligible to receive educational incentive pay. S""tinn Ii Stand_hy Pay 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 offper 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 off hours shall be maintained in an account ~eparate from and in addition to !i Resolution Number ~ &, compensatory time off hours described in Article XI, Section 3. Any compensatory time off hours earned in accord with this Section, and not utilized by July 31 of any year shall be forfeited effective July 31 of any year and not converted to cash. ~""tinn 7 PYP""""'''' PAy/~P.T1in"ty PAY A. Sergeants of the Association, hired before January I, 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 P.O.S.T. standards, or their equivalent, shall be eligible to receive experience pay. Captains of the Association are eligible for experience pay regardless of hire date if Section 8B of this MOU is met. 1 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 experience, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's base salary. 2. After twenty (20) years of experience, experience pay shall be paid at a rate of ten percent (10%) of the qualified employees' base salary, not including the prior increase, D. Seniority Pay - Non-sworn eligible employees who have achieved ten years of uninterrupted employment with. the City shall receive a five percent (5%) increase in base salary effective on the 10th anniversary of their employment. S""tinn II Mnvi" n"tAil Effective with the ratification of this agreement, sergeants shall be paid ($40) Forty dollars per hour 1 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. ~""tinn Q n"f"",,"-,,, r.nmp"n""tinn The City shall contribute the equivalent to 2.5% of base salary per payroll period into a deferred compensation program for each Police Captain position. The City shall contribute $20 per payroll period into a deferred compensation program for the Police Record Supervisor position. S""tinn 1 0 RilingJ'A' "nmp"n~Atinn A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills, B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language. ~p.c.tinn 11 T .imitAtinn~ 1 A, No employee who is eligible to receive workman's compensation is eligible to receive overlapping benefits (except life insurance) stated in this resolution. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this resolution, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during said month or (i I I I Resolution Number ~~ for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay. ARTJc.T.R VTT - FRINGR RRNRFIT ADMINT~TRATTON SP.r.tinn 1 Ac1mini~tmtinn 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 Memorandum of Understanding unless otherwise specified within this Memorandum of Understanding, ~""f;nn 7 ~"l""tinn Ami 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 Memorandum of Understanding, provided that the benefits of the employees and affected retirees shall be no less than those in existence as of implementation of this Memorandum of Understanding, t.. Sp~tinn ~ T imif~ A. City shall not pay premiums or accrue any fringe benefits afforded with this Memorandum of Understanding for any employee on unpaid leave status, for more than fourteen (14) consecutive days, unless specifically provided for within this Memorandum of Understanding, 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 Memorandum of Understanding 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 Memorandum of Understanding, C. City shall not pay premiums or accrue any fringe benefits afforded with this Memorandum of Understanding for any employee when such premiums or fringe benefits are provided to the employee through Workers Compensation and/or the Disability Insurance Plan. ~"r.finn 4 C.hA"gf'~ If, during the term of this Memorandum of Understanding, any changes of insurance carrier or method of funding for any benefit provided hereunder is contemplated, the City shall notify the Associa9on prior to any change of insurance carrier or method of funding the coverage. .. ARTTc.r R vm - HRAT TH ANn DRNTAT r IFF. ANn nT!':ARTT,TTV IN!':rTRANc.F. . !':""finn 1 H..J1lfh And D""fAI rn~uTAnr." PlAn AI. Effective July I, 2003, employees covered by the terms of this Memorandum of Understanding, upon having completed thirty (30) days of uninterrupted service, the City shall pay up to the following amounts for health and dental insurance: For single employees............................................................................................... $3621month For employee + I dependent................................................................................... $s91/month For employee + 2 or more dependents. .............:............................... ...$760/month NOTE: Unused amounts may be applied to Dental Insurance. A2. Effective January I, 2005, the contributions identified in Article vm, Section IA above shall be increased to the following amounts: For single employees .......... ...... ..... .......... ............... .......... $4621month 7 Resolution Number ~~~ For employee + I dependent........................................ ........... $691/month For employee + 2 or more dependents .....",.........",..........,......... $860/month B. Also effective July I, 2003, The City shall pay an additional contribution towards dental insurance for all Association members as listed below: For single employees. . , , , . . . . . . , . . . . . . . , . . . . . . $15 per month For Two-Party coverage. . . . . . . . . . . , . . . . . . . . . .. $28 per month For Family coverage. , , . . . . . , , . . . . . . . , , . . . . , " $44 per month. I C. Subject to Public Employees' Retirement System (PERS) administration requirements, the City shall make available to eligible employees participation in the group medical plans offered ~~B . D. Employees who elect to waive enrollment in medical and dental coverage may receive $250 per month (upon showing proof of health insurance coverage under an alternative plan.) Election fonns are available in the Personnel Office. s'P.r.tinn? J.:rp.~lth TnJ:l1rAn~p. Plan fnr Rp.tit'P.P.'S: '0 A FOR SAFETY EMPT OVERc;: The City shall, subject to PERS administration requirements, make available to eligible retiree's participation in the PERS medical plans and shall contribute $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 5% of City's contribution for current POA employees as reflected in Article Vill, Section IA (reference to allowable contributions). Section I. The City shall provide to any retired employee (either service or disability) who is employed on August I, 1983, and who has both fifteen (IS) or more years of consecutive City service and has attained the age of fifty (50) the following group medical insurance benefits: A. The City shall pay for such retired employee and spouse, the percentage of the group 1 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 shall 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 $300 per month and if the City and the Association were to agree in the future that the City would pay $285 of this monthly premium, then an employee retiring at such time would be entitled to a City payment equal to 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. B. 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 Memorandum of Understanding 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 nature and substance of policy benefits can increase, remain constant or decrease in accord with the provision. C. In order to maintain eligibility for the group medical insurance benefits described herein, I eligible retired employees shall 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. D. Any retiree receiving benefits as described herein may elect to continue medical R 1 1 1 Resolution Number ~~ coverage for dependents at his or her own expense, E. 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 future actions of the Association and/or the City shall diminish such payments received by the retired employee. F. 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 (IS) 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 subsections I"and 5 o(this section. R FOR r.lVTT.TANPO~rrrnN~' They shall have the option upon retirement, through the Public Employees Retirement System Health Program (PERS), to continue participation in the City's health insurance program at the employee's expense. Section I. Those qualified civilian positions with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual health insurance coverage through the Public Employees Retirement System Health Program (PERS). If said employee has 30 or more combined years of eIl)ployment with the City upon retirement, eligible dependent health insurance coverage shall also be provided through the Public Employees Retirement System Health Program. The City shall contribute to the cost of the selected coverage consistent with the appropriate level as specified in Section 2-A.2. ofthis Resolution. An employee with a service retirement as ofJuly 1, 1999 and with 30 or more combined years of employment with the City upon retirement may also receive an increase to the health insurance cap in effect at the time ofhislher retii'ement (not to exceed $175 per month in additional contributions), until Medicare begins at age 65 with lower supplemental insurance rates. This additional contribution to the cap is to accommodate increases in health insurance plans over the term of the employee's retirement. (NOTE: The new caps in effect for January I, 2000, will cover any increases for year 2000, The increase to the contributions will apply to each calendar year thereafter.) Section 2. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. Section 3. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the monthly contribution the City would otherwise have contributed to that retire<! employee toward health and dental insurance premiums. ~p.r.tinn ~ r ifP. {n!;IIntnr.p. P'~n _ PnlirP Sp.qrJlnt The City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of$37,000, double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent. For Police Captain and Police Records Supervisor, the City shall pay one hundred percent (100%) of the premium for a term life insurance policy with a face value of $50,000 double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($1,000) per dependent. 9 Resolution Number ..1.:i:z &:, Ser.tinn 4 n;~ahi1ity Tn~u,."nr.e Plan The City shall pay one hundred percent (100%) of the premium for the "employee's" long-tenn 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 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 Memorandum of Understanding. 1 Ser.t;nn 'i Premium Only Plan (pl'P.-tayed dedur.tinn) 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. Ser.tinn I'i Annual Ph}"'ir.al - Safety RmplnY"e~ The City shall provide a physical exantperiodically 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. I. 2. 3, Physical Exam Schedule: New Employee Employee under 40 Employee 40 & over Second year following appointment Alternate years Every year ARTTC'T R IX _ RRTIRRMENT 1 Ser.t;nn I The City shall'make contributions for the public safety 'personnel covered by this Mernorandum of Understanding 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. For non-sworn employees, the City shall make contributions to the PERS plan known as two percent (2%) at fifty-five (55) with those benefit options as provided for in the contract between the City and PERS. Ser.tinn 1 The City shall pay all the employee's contribution to their retirement plan and place it in the employees' individual PERS retirement accounts, A RTTC'T ,R X - HOT IRS OF WORK Ser.tinn I Wnrk Perind A. The work period for law enforcement personnel (as defined by the Fair Labor Standards 1 Act) shall be 336 continuous pours (14 consecutive days). All full-time law enforcement personnel shall be regularly assigned one ofthe 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. 10 Resolution Number ~~~ 2. "four-ten" - a work week consisting often (10) hours per day, four (4) days per week. week. 3. "five-eight" - a work week consisting of eight (8) hours per day, five (5) days per Seetinn :] Three-Twelve Wnrlc Sr.herlllle I 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.I, 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, A RTIrr ,F. xr - OVRRTIMF. rOMPF.NSA TrON (fnr nnn-mrernpt ernpl~e'l) Seetinn I Overtime Oefinerl ., A. Three- Twelve Work Week Time worked in excess of eighty-six hours in a FLSA work period as defined in Article vm, Section 1.A.I, and time worked on scheduled days off. B. Four-Ten Work Week Time worked in excess of forty (40) hours in a work week as defined in Article vm, Section I.A.2" C. Five-Eight Work Week Time worked in excess of forty (40) hours in a work week as defined in Article vm, Section 1.A.3" I Seetinn:] rnmpp.n~~tinn, fnr Overtime A. Authorized non-FLSA overtime shall be compensated in payor compensatory time at the rate of one-and-one-half (1-1/2) 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. C. Ifmembers regular work schedule in any 14-day FLSA cycle is less than 86 hours, they will be paid overtime for those hours worked above their regular work schedule. Ser.tinn 'I rnmp,,"g~tn'Y 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 shall grant time off unless it interferes with the nonnal operation staffing of the police department. I C. Employees shall be pennitted 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. 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 11 Resolution Number ~~~ 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. ~er.tin" 4 Overtime Rf'.pnrting 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 1 advance approval, but shall be certified by the Chief of Police before being credited to the employee's record. ARTTrT.R XTI - HOT.IDAV~ A HOT.mAV~_ POT.TrR~RRl1F.ANT ~P.r.t;n" 1 RP.r.ngJ1;7..n Hnlitl'lY" - For pay purposes, the following holidays are recognized: New Year's Day (January I) Independence Day (July~) Thanksgiving Day (Fourth Thursday in November) Christmas Day (December 25) *Floating Holiday - A federally-recognized holiday as selected by employee ~P.r.tin" 2 Hnlitl'lY rnmpe"~'1tin" A. Employees covered by this Memorandum of Understanding shall be entitled to one hundred twenty (120) compensated holiday hours per calendar year. B. Compensation for holidays will be paid on a monthly basis at a monthly rate of 1I12th. 1 C. Employees who work on a designated holiday shall earn, 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 ~hoose their floating holiday as follows: A,dministrativelInvestigations - Any Federally recognized holiday, day after Thanksgiving or the employee's birthday. R HOT ,IDA V~ - POT .TrR rA PT A TN A NT) RRrORD ~T JPRRVT~OR ' Captain and Records Supervisor shall be granted the following holid~ys with pay: New Year's Day (January 1) Martin Luther King Day (3rd Monday in January) Washington's Birthday (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) The Calendar Day following Thanksgiving Day Christmas Eve (December 24) Christmas Day (December 25) Floating Holiday A Int'll nf I? hnlitl'l)l" '1"""'111y 1 12 1 1 1 Resolution Number 5Ja~ ARTIrTRxm _ VArATTON Ser.linn 1 Rligjhility All pennanent full-time employees having completed one (1) year of continuous service with the deparbnent and annually thereafter, shall be eligible for a paid vacation at their current rate of pay. ~P.l".tinn' Ar.r.null 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 1. Years of service, for purpose of vacation accrual, shall be from the date of initial employment as.a full-time probationary or pennanent employee to the anniversary date concluding the full year of the designated year. B2. Effective February 4, 1998, all eligible safety employees hired after February I, 1998, will accrue vacation leave by the following schedule: .. Years Of SP.l'Vir.e Hours Max. Hourly Accrual Annual P...rnP-ll RalpjpayPerincl Hi-Weekly Var.alinn Hnll'" 0-5 Years 6-14 15+ 80 120 160 , 3.0769 - 4.6153 6.1538 80 hours 120 hours 160 hours C. An eligible employee hired prior to February 1, 1998, shall accrue vacation leave by the following schedule: - YEARS SRRVTrF HOURLY ACCRUAL RATE PFR PAYPFRTOn ANNUAL ArrRTJAT. RATR 0-5 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 ~P.r.tlnn '\ MAyimnm Ar.r.nJAl AI. A safety 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. A2. Civilian employees have a maximum accrual of240 hours ofvacation. 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. S""tinn 4 TIRe nfVar.alinn A. The time at which an employee's vacation is to occur shall be detennined by the Chief of 1:1 Resolution Number 5:l:z1D Police with due regard for the wishes of the employee and particular regard for the needs of the service. B. Safety 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. C. Not more than once in each fiscal year, a civilian employee who has completed at least one (1) year of continuous service shall, upon request, receive compensation for up to fifty (50) hours of accrued vacation time provided that the employee has taken an equal amount of vacation time off within that calendar year. 1 SP.r.tlnn 'i VSlr.Sltinn PSlym~t At TP.nninatinn A. Employees terminating employment shall be paid in a lump sum for all accrued vacation leave no later than the next regular paydlly 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. ~P.r.tinn (\ VAr.atinn Ar..r.null Onring T P.AVP. of Ah~P.T1(".e No vacation leave shall be earned during any leave of absence without pay for each fourteen (14) day period (pay period) of such leave. Se"tinn 7 Pmhihitinn Ag~in~t Wnrlcing fnr C'it}' OuTing V"""tinn 1 Employees shall not work for the City during their vacation and, thereby, receive double compensation from the City. ARTTC'LF. XlV AOMTNISTRATTVF LFAVF Seclinn 1. All incumbents in police captain classifications, unless otherwise specified, shall be entitled to three (3) days of administrative leave during each fiscal year of the three year contract. Sectinn ?, Administrative leave days may not be carried forward to succeeding years nor may they be turned in for cash value. ' ARTTC'T E xv - LEAVES OF ARSFNC'E S""tinn 1 AuthnTi7.p~ T ""ve nf Ah~en"p. Withnut P"y A. Upon the Police Chiers 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) 1 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 (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 14 Resolution Number ~~~ 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 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. 1 Ser.tinn' RP.rP,$Ivp.ment T .es:lVP. 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, mather, 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. !':""non 1 Milit91:)1 T -"-'IV" of Ah~"n"" A. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave sli41l give t}le Chief of Police an opportunity within the limits of military regulations to detennine 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, 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. 1 !':pr.!;on 4 Pn:'.gI'9n...y n;~9hil;ty T -"-'IV" of Ah~"""" 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. B. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in tenns 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 perfonned are hazardous or burdensome, the employee may be required to submit medical evidence as to fitness for the perfonnance of duties of the position, D. Employees shall be placed on medical leave when the employee's physician states that medical disability would interfere with the perfonnance 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. 1 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 perfonn 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. !':""non ~ 1 Jn911thori7.M T P.9V" of Ah~"""e Unauthorized leave of absence are 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 15 Resolution Number ~~~ 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. ARTIrLEXVT - nJRVmrrv ~""t;nn 1 Cnmpp.n~at1nn fnr Tnt:)' Only 1 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 returned to the employee by the Finance Department. 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 xvn - ~TCK LEA VF. Sp.r.tinn 1 np.rlf~nl1 ~ir.1c r P.JIVP. Pmvi~inn~ A. Sick leave shall be used only in 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 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 Memorandum of Understanding. 1 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. Eligibility - All employees covered by this Memorandum of Understanding shall be eligible to accrue sick leave, D. ~idc T .p.avp. OnTing Var.at1nn An employee who becomes ill while on vacation may have such period of illness charged to his accumulated sick leave provided that: 1. Immediately upon return 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. 2. The Chief of Police recommends and the City Manager approves the granting of such sick leave. E. Extp.nd"" ~;dc T .p.avp. 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 1 leave of absence without pay for the purpose of recovering from the illness, provided: , I. The employee has used all of his accumulated sick leave. 2. 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. 3. 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 16 I 1 1 Resolution Number ~~~' examination shall be considered by the City Manager in detennining the employee's fitness to return to work. 4. 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. ~""tinn '} A..",n".! - ~P.I'gr.ant Pn~it;nn A. Sick leave shall be accrued at the rate of ten (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 I, 1985, will be placed 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 .. C. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. ~P.r.tinn 1 Ar.r.nmllhltinn Ann PAyment _ ~p.l:gr.~nt Pn!l:itinn A. There is no limit on the amount ofsick 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 (IS) years of services 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. 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 accumulated 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 I, 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. ~""tinn 4 ~id{ T ".ave Ar.r.".al anti Payment - r.aptain anti R""nm ~npP.I'V;~nr Pn~;tinn A. All full-time employees covered by this resolution shall accrue sick leave at the rate of one day per month (8 hours). The maximum accrual of sick leave hours shall be 520 hours. B. Existing sick leave balances which have remained intact and have not been converted to leave time, may be utilized by the employee for sick leave purposes only. C. Upon termination of employment with the City, all leave hours will be paid to the employee at the employee's base rate of pay. Existing sick leave balances, which have remained intact and have not been converted to leave time, will be paid to the employee upon termination at one-quarter (25%) of the employee's base rate of pay. D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. 17 Resolution Number 51l:1.! ~ S""tinn ~ F"mily I ""VP. 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 newborn infant, whether through parentage or adoption, or a seriously ill or injured member of the employees "immediate family" as defined in Article XU Section 2. Bereavement Leave. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date preceding the time when the leave is to begin. I 3. 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. 4. 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. 5. 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. 6. 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. S""tinn 11 On-Thp.-Tnh-ll1jul}' 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 I 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 California Labor Code Section 4850. S..r.tinn 7 OfT- Thp.- Inh-Injul}' An employee injured outside of his service with the City shall be compensated through the disability insurance plan provided by the City. ARTTr.T.R XVTT - PRORATTONARV PRRIOnS S""tinn I AppnintmP.t1t Fnllnwing Pmh"tinn P",;nd A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of twelve (12) months ofservice. B. When unusual circumstances 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 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 I 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. S""tinn? O".i""tivp. nfPmh"tinn"l}' P",;nd 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 III I I I Resolution Number ~~.~ employee to his position, and for rejecting any probationary employee whose performance does not meet the required standards of work. S""tinn '\ RmplnY"" P"rfnrm"nr." Apprni."l 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. 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. S""tinn 4 R"j""tinn nfPmh"tinn"l}' RrnplnY"" A. During the probationary penod 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. 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. l ARTTr.IRXTX - T.AVOFFPROr.RnTTRRS Sp~tinn 1 ~ A. The policy for layoff procedures shall be as adopted in City's Personnel Rules and Regulations. ARTTr.1 R xx - MTSr.FT.1.ANROTIS PROVISIONS ~p.r.tinn 1. Tuition Rp.imhlln:emP.11t - Pnlir.p. ~p'w.Ant lRer.nril~ ~11pp.rvi!il:nr Unit members attending accredited community colleges, colleges, trade schools 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. Maximum tuition reimbursement for employees shall be $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. S..r.tinn '. Phyoir."l Fitn".. PrngT"m , The physical fitness program is a voluntary program for all sergeants utilizing vacation hours as compensation for achieving goals within this program. The details of this program are attached as Exhibit B to this Memorandum of Understanding. 19 Resolution Number ~~l, ARTTr.I.R XXT _ RNTIRR MF.MORANnTTM OF TTNnRRSTANnTNG S""tinn I It is the intent of the parties hereto that the provisions of this Memorandum of Understanding 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 govern the entire relationship, and shall be the sole source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is not intended to conflict with federal or state law. I S""tinn? 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 Memorandum of Understanding 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 Memorandum of Understanding and applicable state law. S""tinn 1 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!erm of this Memorandum of Understanding unless mutually agreed to the contrary by both parties hereto. ARTTr.T.R XXTT _ r.ONr.RRTRn RRFT lSAJ. TO WORK S""tinn I Pmhihit"d r.nndllr.t 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 influen~e negotiations conducted under Section 3500 et.seq of the California Government Code. B. The City agrees that it shall not lock out its employees during the term of this Memorandum of Understanding. 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 employees of the City in the exercise of rights as set forth in any of the provisions of this Memorandum of Understanding or applicable ordinance or law. I 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 MemoIllI!dum of Understanding including, but not limited to, access to the grievance procedure and use of the City's bulletin boards and facilities. ~p.r.tinn' A,;:~ci=dinn Rp~nn~ihi1ity 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 I authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1. above, Prohibited Conduct, and return to work. ARTTr.TR xxm - RMRRGFNr.VWATVRR PROVTSTON S""tinn I. In the event of circumstances beyond the control of the City, such as acts of God, fire, 20 Resolution Number ~~~ 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, shall 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. I ARTTr.T R XXTV - SRPARARTT TTV Sp.r.tinn I. Should any provision of the Memorandum of Understanding be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. A RTTr.T R XXV - TERM OF MFMOR A NOT TM OF T INnERST A NOTNe; t. S""tinn I. The terms of this Memorandum of Understanding shall commence on July I, 2003 and shall continue in full force and effect through June 30, 2005. , S""tinn '. The City of Seal Beach and the Police Management Association agree to commence negotiations for the next contract year April; 2005. ARTTr.T R XXVT - RATTFlr.ATJON I S""tinn I, 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 Beach Police Management Association Sgt. Ron LaVelle Date CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE: City Manager, John Bahorski Date I 21 Resolution Number 5'J.~to I EXHIBIT A A. Effective July 2, 2003, a 2% base s41ary inc~ase as follows: POSITION Range A B C D E IOyr 20yr Captain 70A 7515 . 7891 8286 8700 9135 9592 10049 Sergeant 60C 5930-- 6227 6538 6865 7209 7569 7930 Records Supervisor 43C 3897 4092 4297 4512 4738 4975 B. Effective first payroll period July, 2004, a 2% base salary increase as follows: POSITION . Range A B C D E IOyr 20yr I Captain 70E 7667 8050 8452 8875 9319 9785 10251 Sergeant 618 6049 6351 6669 7002 7352 7720 8087 Records Supervisor 44B 3975 4174 4383 4602 4832 5074 I 22 I I I Resolution Number ~~~ EXHffirr B SEALBEACHPOUCEPHYS~ALFITNESSPROGRAM TNTRonr Jr.TTON 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 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 maximum time each officer will be able to achieve is up to 40 vacation hours earned annually for as long as the officer continues successfully in the program. . RNROJ T .MRNT To start the program, each officer must contact the Physical Fitness Committee and advise them of your intent. You will need to have a doctors 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 S.B.P.O.A. M.O.U. . TRSTTNn Each officer participating will be tested every six months, specifically 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. AT.T Or. A TTON OF HOT IRS Employees will be awarded four hours for successfully completing each test as set forth in TESTING above. No employee shall receive any hours ifthey fail to meet the minimum standards for at least three of the five tests. For the December 1998 testing only, employees shall receive eight (8) hours per successfully completed test. PHVST~A I FTTNRSS r.OMMITTRR The Physical Fitness Committee shall be comprised offour (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. All committee members shall 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. VAT IDATRn MRnrr.AT PRORT.RMr.T ATlSR 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. 2~ Resolution ~umber 5:2~to RRQJTTRRn TRST The physical fitness needs of Police Officers fall into three areas: Cardio Fitness Strength Flexibility 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: I r~rc1in fitnp.Jil.JI: 1.5 Mile run Strength Push-ups Sit-ups Pull-ups Fl..yihility Forward Stretch MRnIr.AI. r.OVRRAGR t. Participation in the program will be on a voluntary basis. 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 Physica~ Fitness Program. All employees must receive clearance from their personal physician prior to beginning program participation. I r.ARnIO FITNESS TRSTS 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 ofthc condition of the heart and lungs as it measures ones aerobic capacity or the ability of the heart and lungs to utilize oxygen. Under 30 Rp.lnw Excellent Good Fair Poor Very Poor Maint. Levcl Minim.Level Excellent Good Fair Poor Very Poor 30-34 R..lnw 35-39 R..lnw 40-44 Rp.lnw 10:15 10:16-12:00 12:01-14:30 14:31-16:30 16:3 I-Above 11:00 14:30 11:00 11 :01-12:30 12:31-15:00 15:01-17:00 17:01-Above 12:00 15:15 11:30 11:31-13:00 13:01-15:30 15:31-17:30 17:31-Above 12:30 15:30 12:00 12:01-13:30 13:31-16:00 16:01-18:00 18:01-Above 13:00 15:45 40-49 Rr.lnw 50+ R..lnw I 12:15 12:16-13:45 13:46-16:15 16:16-18:15 18: 16-Above 12:30 12:31-14:30 14:31-17:00 17:01-19:00 19:01-Above 24 I I I Resolution Number ~ Ip Maint. Level Minim. Level 13:30 16:00 14:00 16:45 STRRNnTH 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 himlherself to 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. lIndp.r '\0 ~o- ~9 40-49 ~O+ .. Excellent 43 - 37 - 30 - 25+ Good 28-42 23-36 20-29 17-24 Fair 20-27 17-22 15-19 12-16 Poor 5-19 3-16 2-14 2-11 Very Poor 4-Below : 2-Below 2-Below I-Below Maint. Level 40 35 25 18 Minim.Level 18 IS 13 II PTTTJ ~TJPS 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 pull-ups are recorded and compared to the standards on the chart. In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull down 70 percent of their body weight ten times in order to achieve maintenance level. lInd..r 10 10-'\9 40-49 ~O+ 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 Minim. Level 5 3 2 1 SIT_liPS 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 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. This test measures muscular endurance in the abdominal muscle group, an m:ea of great concern to the sedentary individual. Much evidence exists of the correlation between poor abdominal muscle development, excessive fat tissue and lower back problems. 25 Resolution Number ... I r.ONTTNTTOT JS MTNTJTR'" TTndp.r ~O ~O- ~9 ./ 40_49 ~O+ 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- I Maint. Level 45 40 35 30 Minim. Level 30 25 20 15 FT .Rxmrr .TTV Officer sits on the ground with his legs out straight in front of him. Heels offeet 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. lJnd..r ~o '. ~O_,\Q 40-49 ~O+ Excellent Good Fair Poor Very Poor Maint. Level Minim. Level +10" & below +4" to 9.5" + 1.5" to 3.5" -4.5" to +1" -5" & above +5" 0" +9" & below + 3.5" to 8.5" +1"to'3" -6.5" to +.5" -1" & above +4" -2" +8" & below +1" to 7.5" -2" to +.5" -9" & above -9.5 & above +1" -411 +7" & below o to +6.5" -3" to -.5" -10" to 3.5" -10.5" & above 0" -5" ~ I .' I 211