HomeMy WebLinkAboutCC Res 4856 2000-11-13
RESOLUTION NUMBER .!~a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SEAL BEACH
POLICE OFFICERS' ASSOCIATION AND REPEALING ON THE EFFECTIVE DATE
SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH
WHEREAS, the Government Code of the State of CalifornIa prescribes a procedure for resolvmg matters
regarding wages, hours and other tenDS and condItions of employment; and
WHEREAS, thc City of Seal Beach has met and conferred in good faith with the Seal Beaeh Police I
Officers' AssociatIon for the purposes of discussing wages, benefits and other conditions of
employment; and
WHEREAS, the City of Seal Beach and the Seal Beach Poliee Officers' Assoeiation have reached an
agreement regarding said wages, benefits and other conditions of employment for a tern, of
not less than 3 years, commencmg Jnly I, 2000 and ending June 30, 2003.
NOW, THEREFORE, BE IT RESOL YED that the CIty Council ofthc City of Seal Beach hereby approvcs
the Memorandum ofUnderstandlllg between the City and the Seal Bcach Police Officers' Association,
attached as an Appendix to the Resolution, for thc abovc stated term, and authorizes the City Manager to
cxecutc said agreement on behalf of the City.
NOES:
Councilmember
uncil of the City of Seal Beach at a meeting thereof
--' 2000 by the following vote: .
PASSED, APP~ AND ADOP
held on the - day 0
,
AYES:
Councilmemb
ABSENT:
'-/+rlLf;J ~
ayor
I
City C rk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yea, City Clerk of the City of Seal Bea~J,&:~rnia, do hcreby certify that the foregoing
rcsolution is the ori inal copy of ResolutIOn Numbc~ on filc in the office of the City Clcrk, passed,
73v~JJ and adop the City Co ncil 0 the City of Scal Beach at a regular meeting thereof held on the
JI! day of 2000.
I
Resolution NUmber~~t'
SEALBEACI-Il>OI lrF OF17lrFR'S ASSOr.l A TION
MFMORANnllM OF IINnRRST ANnrNG
I
IABI R OF r.ONTRNTS
ARTll.I.E I RRr.OClNlTlON
Section I.
Section 2.
Section 3.
AR.l]CLEJLEMaOYF.F ORGANIZATION m IT'S
Section 1. Due.~ and Benefit Deductions
Scction 2. Indemnification
Alnlr.r F III CITY RIGHTS
Sedionl.
Section 2.
I ARTJr.1 R IV NON-msr.RIMINATION
Section I.
Section 2.
ARIJr.I.F V r.OMPRNSATION PI AN
Section I. l3asic Compensation Plan
Section 2. Advancement Within Salary Ranges
Section 3. Salary Increases Following Promotion
or Temporary Assignment
Section 4. Salary Decreases - re Demotion
Seclion 5. Adjustments of Salary Ranges
Section 6 Salary and Benefits on Suspension
I
Section 7. Salary Adjustments During Tenn
~1r.r.R VI SPFr.IAI PAY PROVISIONS
Section I. Unifonn Allowance and Safety Equipment
Sectiun 2. Temporary Assignment Pay
Section 3 Court Time
1
1
1
I
1
2
2
2
2
3
3
3
4
4
4
4
4
5
Resolution Number ~l9~
Section 4. Call-back 5
Section 5. Training Programs 5
Section 6. Educational Incentive Pay 6
Section 7. Stand-by Pay 6
Section 8. Experience Pay 6 I
Section 9. Movie Detail 7
ARTIC'I R vn FRIN[m RRNFFIT AnMTNlSTRATION
Section I. Administration
7
Section 2. Selection and Funding
7
Section 3. Limits
7
Section 4. Changes
7
AnTIC'1 R VIII HRAI TI-l nENTAI [.IFR IV nrSARIT ITYINSI fRANC'R
. .
Section I. 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
I
Section 5. Premium Only Plan
10
Section 6. A1mual Physical
10
AUTIrI.F. IX RRTTRRMRNT
Section I.
10
Section 2.
10
ARIlC'I.F.X HOT IRS OF WORK
Section I. Work Period
10
Section 2. Three-Twelve Work Schedule
10
AUTIn F. Xl OVPRTIMF. rOMPENSATION
Section I. Overtime Defined
II
I
Section 2. Compensation for Overtime
II
Section 3. Compensatory Time
II
Section 4. Overtime Reporting
II
R~s'oiution Number .l/8a
ARTIr.LEXlLHOf mAYS
Section 1. Recognized Holidays 12
Sectiun 2 Holiday Compensation 12
ARTlr.T F YTTT VAr.ATIQN
I Section 1. Eligibility 12
Section 2. AcclUal 12
Section 3. Maximum Accmal 13
Section 4. Use of Vacation 13
Section 5. Vacation Payment at Termination 13
Section 6. Vacation Accl1lal During Leave 13
Section 7. Prohibition Against Working for City
During Vacation 13
ARTIr.T R XIV I PAVES OF ARSENr.E
Section I. Authorized Leave Without Pay 14
Section 2. Bereavement Leave 14
Section 3. Military Leave 14
I
Section 4. Pregnancy Disability Leave 15
Section 5 Unauthl;n;zed Leave of Absence 15
ARTWI.F xv 1I1RY mJTY
Section I Compensation for Jury Duty 15
ARTIr.T F. XVI SIr.K T FA VF
Section 1. General Sick Leave Provisions 15
Section 2. Eligibility 15
Section 3 Accmal 15
Section 4. Accumulation and Payment 16
Section 5. Sick Leave During Vacation 16
I Section 6. Extended Sick Leave 16
Section 7 Family Leave 17
Section 8. On-the-Job Injury 17
Section 9. Off-the-Job lJ~ury 17
Resolution Number Ll85&:,
ARITC:I P XVTT PROBATIONARV PPRTOI1S
Section 1 Appointment Following Probation
Section 2 Objective of Probation
Section 3. Employee Perfonnance Appraisal
Section 4. Rejection of Probationary Employee
AUTrr.I.P XVTTl T.A VOFF Plwr.pmmps
Section 1. Policy
ARTrr.1 p XIX MTSr.FJ I ANPOI IS PROr.Fm IRES
Section I. Tuition Reimbursement
Section 2. Physical Fitness Program
ARTTC:I F XX ENTIRF MFMORANI1I1M OF TJNI1ERSTANI1ING
.AR.Trr.T P XXT r.ONn.RTFI1 RFFlISAI TO WORK
Section I. Prohibited Conduct
Section 2. Association Responsibility
.ARIrr.1 Ii XXTT EMm{GPNr.VWAIVPR PROVISION
ARTIr.J P XXTIT SFPARABII .1TV
.ARTTC:I E XXIV TPRM OF MPMORANm1l\t1 OF I TNnPRST ANmNG
Section I. Telln
Section 2. Negotiation Commencement Date
.ABTrr.1 F XXV RATIFTC:ATION
EXI:lll:l1I...A - Salary Detail
EXHIBIT n - P'w.i"-'11 Fit"".. Prngr~111 np.,~il
18
18
18
18
18
18
18
Exhibit B
19
19
19
19
20
20
20
20
21
22
I
I
I
Resolution Number ~t3~
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND TIlE
SEAL BEACH POLICE OFFICER'S ASSOCLATlON
, 1 ARTlr.I HI - RHr.OGNITION
Sr.<:tinn 1 Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 1.fJ9., 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 Officer's
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 Officer and
b) Police Corporal.
Sr.,,' inn 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 tlus Memorandum of Understanding, the Meyer-Milias-Brown Act, Goverrunent Code Section
3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or other tenns and
conditions of employment are amended or changed.
I
SP.c.,inn l 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' nomlal working
hours without suffering any loss in pay while absent from the duties for such purpose, providing that
sllch 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 offiees of Association.
ART"'I P JJ - PMPI .ovpp ORGANIZATIONAl nr IHS
Sectinn 1 011....11: ~11r1 Rp.np.f1t nMIIr..tinn~
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.r.tinn 7. Tnrip.mnifll"':Atinn
I
The Association agrees to hold the City hannless and indemnitY the City against any claims, causes of
actions, or lawsuits arising out of the deductions or transmittal of such funds to tile Association, except
the intentional failure of the City to transmit to the Association monies deducted from the employees
pursuant to this Article
ART"'I.F m _ r.ITY RIGHTS
S"",inn 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 tlus Memorandum of
Resolution Number 1~
Understanding or by Jaw in the exercisc of it's rights to manage the business of the City, as such rights
cxisted prior to the execution of tltis Memorandum of Understanding. The sole and exclusive rights of
management, not abridged by tltis Memorandum of Understanding or by law, shall include, but nut be
limited to, the following rights:
A To delelllline the nature, manner, means, technology and extent of selVices and activities to
be provided to the public.
D. To detelllline and/or change the facilities, methods, technology, means and size ufthe wurk .1
force by which the City operations are to be conducted.
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 detellllined
by the City, and to establish and change work schedules and assignments
E. To establish and modify employee perfollnance standards and productivity and
perfollnance 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 elliciency in the City, it's facilities and operations.
G. To detelllline policies, procedures and standards for the selection, trauting and promotion
of employees.
H. To discharge, suspend, demote or othelWise discipline employees for proper cause in
accordance with the provisions and procedures set forth in departmental disciplinary procedure.
I
S""tinn 7 Where the City is required to make changcs in its operations because of the requirements of
law, whenever the contemplated excrcise of City Rights shall impact the wages, hours and other tenns
and conditions of employment of the bargaining wtit, 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 priur to exercising such rights, unless the mailer of the exercise of such rights is provided for in
this Memorandum of Understanding.
AIHJrI R IV . NON.OIsr.nIMINATION
SP.c:t illn L The City and the Association agree that they shall not discrultinate against any employee
because of race, color, sex, age, national origin, political or religious opinions or affiliations. The City
and the Associatiun shall reopen any provision of this Memorandum ofUnderstandulg for the purpose
uf 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 oftltis Memorandum of
Understanding UI compliance with state or federal anti-disclintination laws
S"C:linn 7 Whenever the masculine gender is used in this Memorandum of Understanding, it shall be
understood to ulclude the femuline gender.
A1ITJr.1 F V - r.OMPRNSATIONPT AN
I
Seclion-I_ n;H:.i{~ rnl11pf":I1li:~'inl1 Phll1
A All employees covered by tltis Memorandum of Understanding shall be included under the
Basic Compensation Plan Every classification under this l'lan shall be assigned a salary range adopted
by the City Council. The salary schedule shall consist offive (5) steps within each range.
I
I
I
Resolut,ion
Number4'5t;
B Thc first stcp is a minimum ratc and is normally the hiring ratc filr the classification. An
cmployce may be assigned, upon appointmcnt, to other than the nOl1nal cntering salary step within thc
assigncd rangc IIpon the recommendation of the Chicf of Police and thc approval of the City Managcr
whcn it is decidcd that such action is in thc best intcrest of the City.
C. Thc second stcp, B step, is a mcrit adjustmcnt which may bc given at the cnd of six (6)
months of employmcnt subjcct to thc recommendation of the Police Chief and approval of the City
Managcr.
D. The thild, fOUlth and fillh stcps are mcrit adjustments to encouragc an employcc to
improvc his work and to recognize increased skill on the job. Employecs are nOllnally eligible for thcse
adjustments at any time after the completion of one (I) ycar of service at the prcccding step. Each
adjustmcnt slmll be made subjcct to thc reconunendation ofthc Chief of Police and approved by the
City Mallager.
Sec1ion2.. AclvAnr.elJl~alary RA1lgl'"
mcrit.
A Inllrder to propcrly compcnsatc an employee, advanccment in salary shall bc bascd on
B. Advancement in salary shall not be automatic, but shall depend upon increascd service valuc
of the cmploycc to thc City.
C. Thc Chief uf Police and/ur the employec's immcdiate supervisor shall be responsible to
cvaluatc cmpluyces fairly in anllnbiased fashion for the detcl1nination of job performance.
Advancement shaD bc made only upon recommendation of the Chief of Police with approval of the
City Manager.
D. An empluyee must be reviewcd at least once CVCIY twelve (12) months from thc cffective
date of his last pClf0Il113nce stcp incrcase, special pelfol1nance advanccment or promotion Nothing
cuntaincd hercin shall rcstlictthc Chicf of Police fmm denying the increase aftcr evaluatioll, nor shall it
pI event him fi'um recommcnding a spccial perfonllance advancemcnt in salary at any time when
unusual or outstanding achievcmcnt has becn demonstrated.
E. It shall be the responsibility of each supcrvisor to establish realistic achievement levels for
cach stcp incrcase within a salmy range Achievemcntlevcls may be filllnal or infollnal and shall be
reviewcd by the Chicf of Police for the pUl]IOSe of maintaining unifol1nity of standards throughout the
dcpartment.
Sec1iun_~ SalaqrJucr.easesEollnwing Prnl110linn
A. Promotional Appointmcnt - When an cmployee is promoted to a position with a highcr
salary range, thc employee shall bc compcnsated at a stcp of thc salary range assigned to thc ncw
pusitiun that is closest to providing a 5% salmy increasc over thc base salalY reccivcd immediately
Pliur to promutiun.
U. Temporary Appuintmcnt- In special circumslimccs, when in the bcst intcrest of the City,
thc Cily Mallager may approve a temporary assignmcnt of an employee to highcr-Icvel c1assificalion.
In such tcmporary assignments lasting thirty (30) consecutivc calcndar days or more, thc cmpluyee
shall be compclls~tcd at a step of the salary range assigned 10 the new position that is closest to
providing a 5% salary incrcasc over the basc salary received priur to the temporalY appointmcnt.
Scr.linn 4 SAIA'y nccr..-,,"',. Fnllnwjug.DeDlO1ian
In the casc ofa dcmotiun of any employee in the department to a c1assiJication with a luwer
maximum salalY, such empluyee shall be assigned to the appropriate salary step in the new
classification as recommended by the ChiefofPolicc and approved by thc City Manager. The
cmployec shall rctain his prcvious anniversalY date.
Resolution Number~~p
Sm;!.inn..5... Adjllotmento nfSalary Ranges
Whcn a salary range for a givcn classification is revised upward or downward, the incumbents of
positions and classifications affccted shall have their existing salary adjustcd to the same relative step in
the new salary range and their amuversary date shall not be changed.
Sr.,.tinll (, Sahuy and Rp.np.fit~ nn ~1I~pp.n~inl1
During suspension from the City service for disciplinary cause, an cmployee shall forfeit all rights, I
privileges and salary, except he shall not forfeit Ius medical health plans including dental, retiremcnt
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 bencfits during the period of
sllspenslOn.
Sec:tinll 7 Sahuy ~uijll~fmpnt~ c1miog Tp..nll "(Mel11orandlll11 of' Jl1Iip.r~hmcling
Attached hereto and incorporated herein is Exhibit "A". Said Exhibit effects base salary adjustments
for represented classifications as follows:
A Effcctive 7/5/2000, a 4% base salary incrcase.
13. Eftectivc first payroll period July, 200 I, a 4% base salary increase plus CPI for Urban
Wage Consumers - Los Angeles/Riverside and Orange County for the 12 month period
ending May 1,2001 - (combined total of base salary and CPI increase not to exceed 6%).
C. Effective first payroll period July, 2002, a 4% base salary plus CPI for Urban Consumers -
Los Angeles/Riverside and Orange County for the 12 month period ending May I, 2002 -
(combined total of base salary and CPI increase not to exceed 6%).
ABTI(] r: VI - SPFf:IAT PAY PROVISIONS
I
Ser.tinn I I jnifnnn Allnwam", ami Safety Equipmcu1
A. An employee, whether or not said employee wears a traditional unifonn, shall receive an
alUlUaI unifonn allowance of six hundred sixty dollars ($660).
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.
C. An employee assigned as a motor officer shall receive an initial issue of required
unifonn items incident to such duty. Such items include, but are not limited to: jacket, boots, gloves,
and two pair of trousers.
Sr.r..inn ? Iempnr::lry A~~igrul1p.nt PRY
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer perfonning duties
ofa Field Training Officer shall receive one-half hour compensation at straight time for either payment I
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 Officcr (Voluntary Reserve Officers) - Each eligible member perfonning the
duties ofa Field Training Officer for Voluntary Reserve Officers shall receive one-half hour (112)
compensation at (straight time) for either payment or compensatory time offfor each shift of recruit
training. A shift shall be understood to be six. (6) or more hours.
I
Resol~~ion Number~~
C. Motorcycle Onicer - An officer assigncd as a motor oniccr shall work an averagc of two
and two-third (2 and 2/3) hours per month in caring for the motorcycle and related equipmcnt required
in said assiglilllent. Tlus time shall bc paid in accordance with provisions governing the computation
and paymcnt of overtime.
Sect.illlLl. ['oliff Tim"
A. An employee called for a subpoenaed court appearance which arises out ofthc course of
his cmployment and not contiguous with his work shift shall be compensated for a milumum oftwo- -
and-two-thirds (2-2/3) hours at the rate of one and one-half(I-1/2) times the employee's rcgular
hourly ratc of pay. Should the appearance exceed two and two-thirds hours, the employee shall
receivc pay for the actual appearance time, excluded court designatcd lunch period, at the rate of one
and one-halftimes the employee's regular hourly ratc of pay. Court appearance time shall begin when
the employee departs from the Police station to go directly to Court.
B. Any appcarance that is contiguous with a regular work shift is not subject to the two and
two-thirds minimum.
C. All employees agree to comply with thc "on-call" policies administered by the departmcnt.
Should an officer be placcd "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.
Sec1illllA.. ['nll-hnr.i(
Employees who are called back to duty after having completed a nonllal shill or work day assigrullent
and departing from the work premises shall be paid one-and-one-half(I-II2) times thc employee's
regular straight time hourly rate for each hour worked on call-back. Call-back tillle shall conunence
from the time thc employee is called back to service.
I S","lion ~ Trnining PrngrnlllS
I
. A. The City shall pay reasonable expenses incurred by employees attending approvcd 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
Dicm policy.
B. Employccs attending City approved P.O.S.T. training programs requiring an ovcrnight
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 orlus
regular work schedule, the employee shall receive eight (8) hours pay for each full day oftrailung and
such eight (8) hours pay shall be credited towards the computation of overtime.
Sp.r.finn (, FdllrJ:lfinn:lllnr.p.nfivp. P~y
A. Employees covered by this section who have completed 45 scmestcr units of credit from an
accrcdited college or uluvcrsity 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:
Policc OfficerlPolice Corporal. . . . . . . . . . . . . . . . . . . . . . . . .$ 82.00/montll
H. Employees covcred by this section who have completed 60 semcster units of credit from an
accrcdited college or univcrsity with at Icast 19 units in the field of Police Science or have attained a
P.O.S.T. Intennediate Certificate shall receive the following compensation in addition to their base
monthly rate of pay:
Police OnicerlPolice Corporal......................... $134.00/month
Resolution Number 41&4
C. Employees covered by this section who have completed a Bachelors Dcgree from an
accrcdited college or university with at Icast 22 units in thc field of Police Science or have attained a
J> 0 S. T. Advancc Certificatc shall receive thc following compensation in addition to their base
monthly rate of pay:
Police OmcerlPolice Corporal......................... $186.00/month
D. The above paymcnt compcnsation shall bc based on achievements ovcr and above the job
requircments established in the position classification plan for cach classification. Payment to I
employees shall be based on the highcst achievement level only; i C., employees with an Associate or
Bachelor's degree will receive compensation for the Bachelor's degree only.
E. Employees receiving Education Incentive Pay shall notlosc that pay ifthey are promoted to
a classification which requircs the education for which the cmployee is recciving the additional pay. If
the minimum educational requiremcnts are lawfully changed during the tenn of the Memorandum of
Understanding, employees receiving an educational incentivc pay will not be effected 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.
G. Employces selVing an original probationary period shall be ineligible to receive educational
inccntive pay.
Secti0n..2 SIHncl-hy PHY
A. Detective SupelVisor(s) may be assigncd by the Chief of Police to "stand-by" status.
B. Dctective SupclVisors required to carry a pager shall receive eight (8) hours of
compensatory time ofT 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 ofT I
hours shall be maintained in an account separate from and in addition to compensatory time off hours
described in Articlc XI, Section 3. Any compensatory time off hours earned in aecord with this
Section, and not utilized by July 31 of any year shall be forfcited effective July 31 of any year and not
converted to cash.
C Each aftected employee who is assigned to thc Detective Bureau and who is on "standby"
weckend duty shall be provided four (4) hours of compensatory timc olf or pay for each standby
weekend
SectionJl Experience..~
A. Qualified cmployees of the Association, hired before January ], 1992, with a minimum of
tcn (10) years of full time sClVice as a sworn peace officcr with a Municipal, County or State Police
agency meeting P.O.S.T. standards, or their equivalent, shall be eligible to receive experience pay.
B. To qualify for experience pay, an employee must mect thc 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:
I. After tcn (10) years of selVice, e.xperience pay shall be paid at a rate of five percent I
(5%) ofthc qualified employee's base salary.
2. After twenty (20) ycars ofsclVice, experience pay shall be paid at a rate oftcn percent
( I 0%) of the qualified employecs' base salary, not including the prior increase.
Resolution
Number 1/8~
S,,"'io1" C) MllYic.D.cUliI
Effectivc with the ratification of this agrccment, unit employees shall be paid ($40) Forty dollars per
hour Illr outside movie details 11 is undcrstood that time spent on movie details is brokered outside
work and is nut colISidered time worked for the purpose of calculating City uvertimc compensation.
ARIlr:r.F VII - FRINr.F RFNFFIT AnM1NISTRATTON
I Sect.iolLl A(lrnini.tr~tinn
The City reserves the right to select the insurancc carner or administer any fringe benefit programs that
nuw exist or may exist in the futurc during the tcrnl of this Memorandum of Understanding unless
otherwise specified within this Memorandum of Understanding.
~r.r.tinn , Selectinn :Inn FllI1ning
Inthc administration of the fiinge bcnefit programs, the City shalll1avc the right to select any insurance
carrier or other method of providing covcrage to fund thc benefits included under the tenns of the
Memorandum ofUndcrstanding, provided that the benefits of the employees and affected retirees shall
be no less than those in existence as ofimplemcntation of this Mcmorandum of Understanding.
S"", in" 1 Limits
A. City shall not pay prcmiu/11S or accmc any fi'inge benefits afforded with tllis Memorandum
of Understanding for any employee on unpaid leave status, for more than fOUlteen (14) consecutive
days, unlcss spccifically provided for within this Mcmorandum of Understanding, authorized by the
City Manager or othcrwise provided for by federal or state "Family Leave Acts" and/or "Workers
Compcnsation" requirements.
I
B. City shall not pay premiums or accme any fringe benefits afforded with this Memorandum
of Understanding for any employee who has been absent witllOut authorization during said month,
suspended without pay, or who has tenninated from City employment unless specifically provided for
witllin tllis Memorandum of Understanditig.
C. City shall not pay premiums or accmc any fringe benefits afforded with this Memorandum
ufUnderstanding for any employee when such premiums or fringe benefits are provided to the
cmployee tlrrough Workers Compensation and/or the Disability Insurance Plan
S"",in" 4 Changes
If, during the tcnn oftllis Memorandum of Understanding, any changes of insurance carner or method
of funding for any benefit provided hereunder is contemplated, the City shall notifY the Association
prior to any change of insurance carner or method of funding the coverage.
ARTJr.tL~" - HEALTH ANn nFNTM 1 IFF ANnmSARJI ITYINSIIRANrF
SectiwLL 1:fr.:wlth ~1I1(1 np.ntl1lln~lInll1r.:p. Phm
I
AI. For the employees covered by the tcnns oftllis Memorandum of Understanding, upon
having completed thirty (30) days of unintcrrupted service, the City shall pay up to the following
amounts for health and dental insurance):
For single cmployees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$225/month
For employee + I dcpendcnt........................ .$366/month
For employee + 2 or more dependcnts. . . . . . . . . . . . . . . . . $468/month
NOTE: Uil/lsed amollllls lIIay he applied 10 Dell/a/Insurance.
Resolution
Number L/tJ5fa
A2. For employees covered by the tenns of this Memorandum of Understanding, upon having
completed thilty (30) days of lInintemlpted service, the City shall pay an additional contribution
towards dental insurance, as listed below:
For single employees. . . . . . . . . . . . . . .. ......... $12 per month
For Two-Party coverage. . . . . . . . . . . . . . . . . . . . . . . $24 per month
For Family coverage. . . . . . . . . . . . . . . . . . . . . . . . . . $36 per month.
B I. Effective January I, 2001, the contributions identified in Article VDI, Section IA above I
shall be increased to the following amounts.
For single employees. . . . . . . . . . . . . . . . . . . . . . .. $248 per month
For Two-Party coverage. . ; . . . . . . . . . . . . . . . . . . $403 per month
For Family coverage. ...... ......... ...... $515 per month
B2. Effective January I, 200 I, the additional contributions identified in Article vm, Section
IB above shall be increased to the following amounts:
For single employees. . . . . . . . . . . . . . . . . . . . . . .. $13 per month
For Two-Party coverage. . . . . . . . . . . . . . . . . . . .. $26 per month
For Family coverage. . . . . . . . . . . . . . . . . . . . . . .. $40 per month
C I. Effective January I, 2003, the contributions identified in Article VIll, Section B I above
shall be increased to the following amounts:
For single employees. . . . . . . . . . . . . . . . . . . . . . .. $272 per month
For Two-Party coverage. . . . . . . . . . . . . . . . . . . .. $443 per month
For Family coverage. . . . . . . . . . . . . . . . . . . . . . .. $567per month
C2. Effective January 1,2003, the additional contributions identified in Article VUI, Section
B2 above shall be increased to the following amounts:
For single employees. . . . . . . . . . . . . . . . .
For Two-Party coverage. . . . . . . . . . . . . . . . . . . .
For Family coverage. . . . . . . . . . . . . . . . . . . . . . . .
$15 per month
$28 per month
$44 per month
I
D. Subject to Public Employees' Retirement System (PERS) administration requirements, the
City shall make available to eligible employees participation in the group medical plans offered by
PERS
Sect.i.md Hp.~lth Tn~lIr~nr..p. Ph," fnr Rp.tirf".p'c;,
A. The City shall, subject to PERS administration requirements, make available to eligible
retiree's participation in the I'ERS medical plans and shall contribute $1.00 per each retired Seal Beach
I'OA 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 I'OA
employees as reflected in Article Vlll, Section IA (reference to allowable contributions)
B. The City shall provide to any retired employee (either service or disability) who is employed
on August I, 1983, and who has both fifteen (15) or more years of consecutive City service and has
attained the age offilly (50) the following group medical insurance benefits:
I. The City shall pay for such retired employee and spouse, the percentage of the I
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 shall remain unchanged throughout the lifetime ofthe 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 ifthe City and the Association were to agree in the
I
I
I
Resolilt).on
Number J/8~
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.
2. The substantive nature and description ofthe 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.
I
3. In order to maintain eligibility for the group medical insurance benefits described
herein, 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.
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 future actions of the Association
and/or the City shall diminish such payments received by the retired employee.
6. Ifany 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 (I 5) or more years on consecutive City service, but has not obtained the
age offifty (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 of this section
Sectianl I .ife In~lIr~n"e PI~n
The City shall pay one hundred percent (100"10) of the premium for a tenn 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.
~p.r.tinn.4 niAAhility In~llr~nr.p. Pl~n
The City shall pay one hundred percent {I 00%) 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
(662/3 %) of the employee's monthly salary subject to caps and eligibility requirements as set forth
within the policy of the accepted carner. 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.
Sp.r.tinn '\ PrP.minm Only Ph," (prP.-t~yprl tiMIlr.tinn)
The City will provide a Premium Only Plan (POP) for health and dental benefits. This plan will allow
Resolution Number_
for payroll deduction medical and dental insurance coverage to be made before taxes (non-taxable)
through salary reduction.
!,\p.r.tinn tl Annll~l Phy~ir~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.
Physical Exam Schedule:
I. New Employee Second year following appointment
2. Employee under 40 Alternate years
3. Employee 40 & over Every year
I
ARTJr.1 E IX _ RFTIRFMFNT
S""linn 1 The City shall make contributions for the public safety personnel covered by this
Memorandum of Understanding to the PERS plan known as two percent (2%) 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 ofthe contract between the City and PERS consistent with the
requirements ofPERS.
S""tinn , The City shall make contributions for the public safety personnel covered by this
Memorandum 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. This benefit will have an
effective date no later than June 30, 2003.
S""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.
I
ARTIl:TFY - HOIIRSOFWORK
SP.r.tinn 1 Wnrlc Pp.rinrl
A The work period for law enforcement personnel (as defined by the Fair Labor Standards
Act) shall be 336 continuous hours (14 consecutive days). All 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 followed by a four (4) day work week
consisting of three (3) twelve (12) hour and twenty (20) minute work days and one (I) twelve (12)
hour work day.
2. "four-ten" - a work week consisting often (10) hours/day, four (4) days/week.
3. "five-eight" - a work week consisting of eight (8) hours/day, five (5) days/week.
S""linn' Thr".... Tw"J"" Wnr1c S"hMIl1"
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 AI. above.
I
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.
Resolution
NumberJ/e~
ARTJr.1 F Xl - OVRRTTMF C-OMPFNSATION
SP.r.tinn I Ovprtimp. npflnM
A Three-Twelve Work Week
Time worked in excess of eighty-six hours in a FLSA work period as defined in Article X,
Section IAI. and time worked on scheduled days off.
I
B. Four-Ten Work Week
I.A2.
Time worked in excess offorty (40) hours in a workweek as defined in Article X, Section
C. Five-Eight Work Week
I.A3.
Time worked in excess offorty (40) hours in a workweek as defined in Article X, Section
Sp.ctinn? rnmppnGtinn fnr OvPrlimp.
A Authorized non-FLSA overtime shall be compensated in payor compensatory time at the
rate of one-and-one-half(1-I/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. If members 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.
I SPr.tion"l C-omp..n...to1:jl Tim..
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 intelferes with the normal operation staffing
of the police department.
C. 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.
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.
SIP-din" A. Ovprtimp- Rp.pnrting
1
Tn 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.
Resolution Number!/!2&.
ARTrr:TF XlI _ HOT mAYS
S""t;nn I R ....11gni7P.r! HnlirlA)'"
For pay purposes, the following holidays are recognized.
New Year's Day (January 1)
Independence Day (July 4)
Thanksgiving Day (Fourth Thursday in November)
Christmas Day (December 25)
*Floating Holiday - A federally-recognized holiday as selected by employee
I
~p.r.tinn 7 Hnlirl~y rnmpp.n~~tinn
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 1/12th.
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.
. Hooting 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.Admimsfrativellnvestigatiom - Any
Federally recognized Iwliday, day after 7hanksgMng or the employee's birthday.
I
ARTrr:T F. XIII _ VAI:ATION
S""tinn I F.1igihility
All pemmnent full-time employees having completed one (I) year of continuous service with the
department and annually thereafter, shall be eligible for a paid vacation at their current rate of pay.
S,l'r.finn? Ar.r.nl~l
A. Vacation leave is accumulated yearly and is computed on the basis ofthe 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
employment as a full-time probationary or pennanent 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 I, 1998, will
accrue vacation leave by the following schedule:
Years Hours Max. Hourly Accrual Annual I
Of S..rvi...p. F.Am..rI RAtpJPAY p..rinrl Ri-W....kly V~r.:lItinn Hnlln
0-5 Years 80 3.0769 80 hours
6-14 120 4.6153 120 hours
15+ 160 6.1538 160 hours
I
I
1
Resolution Number~~~
D. An eligible employee hired prior to February I, 1998, shall accrue vacation leave by the
following schedule:
YEARS
SFRVIC'F
0-5
6
7
8
9
IO or more
HOURLY ACCRUAL RATE
PFR PA V PRRTon
4.615
'4.923
5.231
5.486
5.539
6.154
ANNUAL
AC'C'RIIAI
120 hours
I 28 hours
136 hours
144 hours
152 hours
160 hours
RATF
Sp.ctinn 1 M::.yimllln Ar.r..nl$ll
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.
SP.r..tinn 4 T J~ nfVSlr.Rtinn
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 of the
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.
s'p.ctinn'\ V$ll'..sItinn Paympnt $It Tpnnin$ltinn
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 of the employee.
Sop-din" tl VSll',jItinn Ar.r..null nllring r .P$lVP nf Ah~pnr..p-
No vacation leave shall be earned during any leave of absence without pay for each fourteen (14) day
period (pay period) of such leave.
SErlin" 7 Prnhihitinn Ag;:aind Wnrlcing fnr rity n..lri~ V$ll"'..sItinn
Employees shall not work for the City during their vacation and, thereby, receive double compensation
from the City.
Resolution NUmber~
ARTWI F XlV _ I .FA VFS OF ARSFNr.F
S,pr.tinn I Allthnri7M r PJllVP. nf Ahfi:.p.nr.p: With"". P~y
A. Upon the Police Chiefs 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 ofthe 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 I
or without pay, for a period not to exceed one (I) 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 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.
s'p.r..tinn 7 Rp.I"PJllvp.lnp.nt I PJllVP.
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.
S",,!;nn 1 Mil;!,,,y I -"HV" nf 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 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.
I
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.
SP.ctinn 4 Pr..gnHnr.y n;""hili!y I -"-'Iv.. nf Ah...nr-"
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 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 nalure of the
duties performed are hazardous or burdensome, the employee may be required to submit medical
evidence as to fitness for the performance of duties of the position.
I
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
R~so]ution Number~~
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.
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.
I
.<;p.r.tinn '\ 1 Jnslllthnri7.M r PAVP! nf AhllZp.nr.p.
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 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.
ART,C'r.EXV _ IIIRVmrrV
S""tinn I C'nrnp"",,,,tinn fnr 'my nllty
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.
I AlnlC'1 P XVI - S'C'K I EAVE
s'p.c..tinn I Cip.nP-nl1 Sir..1c- J P..RVP Prnviqinnq
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.
B. Sick leave shall not be granted for disability arising from any sickness or injury purposely
self-inflicted or cau~d 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 12-hour shift
and in excess off our (4) consecutive working days for those on other shifts.
S""tinn 7 Eligihility
All employees covered by this Memorandum of Understanding shall be eligible to accrue sick leave.
1
S,pr.tinn 1 Ar.r..null
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.
Resolution Number ~I.?~
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 nite 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
SP.r..tinn 4 A(".r..llmlll~tinn Hnrl PHymp..nt
A. There is no limit on the amount of sick leave that an employee may accumulate.
I
B. An employee may be paid for unused sick leave pursuant to the following:
I. Employees who have not completed fifteen (15) 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 detennined 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.
s'p.c.tinn "\ S.ir..1c- T P.AVP.. nllring VSlr.Sltinn
An employee who becomes ill while on vacation may have such period of illness charged to his
accumulated sick leave provided that:
I
A. 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.
B. The Chief of Police recommends and the City Manager approves the granting of such sick
leave.
Sop-din" ~ Fiytp.ncfpJi Side J .P.AVP..
In the event ofan 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 I
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. lithe employee desires an
extension, he shall follow, prior to the tennination of the initial leave, the procedure described in sub-
paragraph 2 above.
I
I
I
.
Resolution
Number 4'6'~
S""tinn 7 Family I ."JOV"
Upon a demonstration of need and subject to the following conditions, an employec 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 xn Section 2.
Bereavement Leave.
A. Proof of the birth or adoption of a newborn infant or the serious illnesslinjUlY 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 preceding the time when the leave is to begin.
C. Operational needs of the City shall be relevant in detenninations regarding the granting of
family leave in accordance with the provisions of State and Federal Family Leave law,s.
D. In the event ofan 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.
F. A maximum uf 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 II On-Th.....lnh_lnjllry
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 California Labor Code Section 4850.
S""tinn q Off_Th.....lnh_ll1jllry
An employee injured outside of his service with the City shall be compensated through the disability
insurance plan provided by the City.
ARTle'1 E XVII - PRORATlONARV PPRIons
S""tinn I Appnintm..nt Pnllnwing Prnhatinn p..rintl
A. The original appointment and promotional appointment of employees shall be tentative 'and
subject to a probationary period of twelve (12) months of service.
B. When unusual circumstances merit the extension of the probationary period, the Chief of
Police shall request, in writing, approval ofthe 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 tennination of any probationary period.
C If the service ofa 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.
Resolution Number~!.?~
~pr.tinn? Ohjpcotivp- nFPrnhatinmny Pp.:rinti
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 ofa new employee
to his position, and for rejecting any probationary employee whose perfonnance does not meet the
required standards of work.
Sf'c.,inn 1 Rmplny"" pp.rfnrm~n..1" App....i...1
A. Each probationary employee shall have his perfonnance evaluated at the end of each three I
(3) months of service or at a more frequent interval when deemed necessary by the Chief of Police.
Pennanent employees shall have their perfonnance 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
fonn approved by the Personnel Office.
B. The written appraisal report of an employee's perfonnance 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.
Sp.r..inn 4 RpjPr.'inn nfPrnh~'inn~ry RmplnyP1"
A. During the probationary period an employee may be suspended, demoted, or rejected
anytime by the Chief of Police, with approval ofthe 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 tennination interview may be conducted with each rejected probationer.
B. An exception will be applied where the probationary employee's job tennination 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 ofa "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.
I
ARTlrl.R XVIII _ lAYOFF PROrF.nJ JRRS
SP.C':tinn 1 &liql
The policy for layoff procedures shall be as adopted in City's Personnel Rules and Regulations.
ARTJr.1 R XIX - MTsrRI I ANF.mrS PROVISIONS
SPr:tinn 1, Tllitinn RpimhllrC:P.mP.11t
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 I
prior approval.
Sp.r.,inn ? Phy~i"JlI Fi'n".~ Prng....m
The physical fitness program is a voluntary program for all sworn officers 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.
I
I
I
Resolution Number ~5b
ARTIr.I.F XX - FNTIRF MFMORANnI 1M OF I fNI1FRSTANnlNr.
Spr.tinn I It is the intent ofthe parties hereto that the provisions of this Memorandum of
Understanding shall im;:orporate all prior agreements and memoranda of agreement, or memoranda of
understanding, or contrary sallll)' and/or personnel resolutions or administrative codes, proyisions 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.
SP.r.tinn 7 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.
SP.r.tinn 1 Except as provided herein, other tenns 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 tenn of this Memorandum of Understanding unless mutually
agreed to the contrlll)' by both parties hereto.
ARTIc.r F XXI - C.ONr.RRTFn RFF/TSAr TO WORK
~P.r.tinn 1 Prnhihitp.ri rnnfillr.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
influence negotiations conducted under Section 3500 et.seq ofthe California Govemment Code.
B. The City agrees that it shall not lock out its employees during the tenn of this
Memorandum of Understanding. The tenn "lockout" is hereby defined so as not to include the
discharge, suspension, tennination, layoff, failure to recall, or failure to return to work employees of
the Cily in the exercise of rights as set forth in any of the provisions ofthis Memorandum of
Understanding or applicable ordinance or law.
C. Any employee who participates in any conduct prohibited in subparagraph A. above may be
subjecllo tennination.
D. In addition 10 any other lawful remedies or disciplinlll)' actions available to the City, if the
Association fails, in good faith, to perfonn all responsibilities listed in Section 2., Association
Responsibility, below, the City may suspend certain rights and privileges accorded to the Association
under lhe Employee Relations Resolution or by this Memorandum of Understanding including, but not
limited to, access to the grievance procedure and use of the City's bulletin boards and facilities.
SPr:tinn? A~c:nr:i~tinn Rp."nn!ii:ihility
In the event that the Association, its officers, agents, represenlatives or members engage in any of the
conduct prohibited in Section I. 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 Memorandum of Understanding and unlawful, and they should immediately cease
engaging in conduct prohibited in Section I. above, Prohibited Conduct, and return to work
ARTTc.r F XXlr - FMF.Rr.F.Nr.V WA1VRR PROVlSTON
SP.r.tinn J. In the event of circumstances beyond the control of the City, such as acts of God, fire,
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.
ARTIe') F XXlIl _ SFPARARTT ITY
S"ctinn 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 ofthis Memorandum of
Understanding.
ART](,I F XXIV _ TFRM OF MFMORANnI 1M OF IJNI1F.RSTANnING
Spr.tinn I. The tenns of this Memorandum of Understanding shall commence on July 1, 2000 and
continue in full force and effect through June 30, 2003 - a three year contract.
S""tinn1. The City of Seal Beach and the Police Officers' Association agree to COlmnence negotiations
for the next contract year by April I, 2003.
ARTIe'1 F. XXV _ RATIF]('ATION
S""tinn I. This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratification of the required number ofthe 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
Date:
President, Seal Beach Police Officers' Association
Corporal Joseph Miller, IV
Date:
Corporal Raul Ahumada
Date:
Corporal Stephen Chauncey
Detective Charles Castagna
Date:
Date:
Officer Eric Tittle
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE:
Date:
Donald F. McIntyre, City Manager
1
I
I
Re!'lQlution
Number~~
I EXHffiIT A
I) Effective July 5, 2000 (4%):
POSITION Range A B C D E lOyr 20yr
Officer 43E 3937 4134 4341 4558 4786 5025 5265
Corporal 45D 4115 4321 4537 4764 5002 5252 5502
2) Effective first payroll period July, 200 I, a 4% base salary increase plus CPl for Urban Wage
Consumers - Los AngeleslRiverside and Orange County as of May 1, 2001 - (combined total ofCPI
increase not to exceed 6%).
POSITION
Range A
B
C
D
E
10yr 20yr
Officer
Corporal
I
3) Effective first payroll period July, 2002, a 4% market adjustment plus CPI for Urban Consumers-
Los AngelesfRiverside and Orange County as of May 1,2002 - (combined total ofCPl increase not to
exceed 6%).
POSITION
Range A
B
C
D
E
10yr 20yr
Officer
Corporal
I
Resolution Number 4B!f1n
EXHmlT B
SEAL BEACH POLlCE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers. Officers work out on
their olf 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 I
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.
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 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 of the S.B.P.O.A. M.O.U.
TESTING
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
tesling.
Inililll program tests will be conducted in February 1998, June 1998 and December 1998.
I
ALLOCATION OF I-lOURS
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 Deccmber 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 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 thc program. The committee
will be the formal arbitrators on these matters.
V ALlDATED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness program as I
designcd 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:
Cardia Fitness
Strength
Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as necessary.
Resolution Number~)9~
The tests used in this program to evaluate fitness in these areas will be:
Cardio fitness
1.5 Mile run
Streml.th
Push-ups
Sit-ups
Pull-ups
I
Flexibility
Forward Stretch
MEDICAL COVERAGE
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 Physical Fitness Program.
All employees must receive clearance from their personal physician prior to beginning program
participation.
CAROlO FITNESS TESTS
1.5 Mi]e 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.
I 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.
Under 30 30-34 35-39 40-44
Below Below Below Below
Excellent 10.15 ] ]:00 11:30 ]2.00
Good 10:16-12:00 11:01-12:30 II :31-13:00 12:01-13:30
Fair 12.0]-14:30 12:31-15:00 13:01-15:30 13:31-16:00
Poor 14:31-16:30 15:01-17:00 15:31-17:30 16:01-18:00
Very Poor 16:3 I-Above 17:01-Above 17:3 I-Above I 8:0 I-Above
Maint. Level 11:00 12:00 12:30 13:00
Minim.Level 14:30 15:15 15:30 15:45
40-49 50+
Below Below
Excellent 12:15 12:30
Good 12:16-13:45 12.31-14:30
Fair 13:46-16:15 14:31-17:00
Poor 16:16-18:15 17:01-19:00
1 Very Poor 18: 16-Above 19:01-Above
Maint Level 13:30 14:00
Minim. Level 16.00 16:45
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/herself 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.
Resolution Number 'I~5fo
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.
Under 30 30-39 40-49 50+
Excellent 43 - 37 - 30 - 25+
Good 28-42 23-36 20-29 17-24 I
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 15 13 II
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 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 ]evel.
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 I
Very Poor 4 & above 2 & under 1 & under 0
Maint. 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 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 area 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.
* I 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 I
Very Poor 23 - ]7 - 6- 5 -
Maint Level 45 40 35 30
Minim. Level 30 25 20 15
FLEXiBILITY
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.
Resolution Number 1I#!ilo
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 Lo +6.5"
Fair + 1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5"to+I" -6.5" to +.5" -9" & above -10" to 3.5"
Very ('uor -5" & above - 7" & above -9.5 & above -I 0.5" & above
Main!. Level +5" +4" +1" 0"
I Minim. Level 0" -2" -4" -5"
I
t
.
, . .
,..
", "
.. ': - ,.
1