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HomeMy WebLinkAboutCC Res 4448 1996-03-25 RESOLUTION NUMBER 44~C3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND 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 resolving matters regarding wages, hours and other terms and conditions of employment; and I WHEREAS, . the City of Seal Beach has met and conferred in good faith with the Seal Beach P.olice 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 Police Officers' Association have reached an agreement regarding said wages, benefits and other conditions of employment for a term of not less than 12 months, commencing October 1, 1995 and ending December 31, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seal Beach to approve the Memorandum of Understanding between the City and the Seal Beach Police Officers' Association, attached as an Exhibit to the Resolution, for the above stated term, and authorizes the City Manager to execute said agreement on behalf of the City. PASSED, APPROVED AND ADOPTIiP...kv the City Counc' at a meeting thereof held on the cfi'D t'!- day of by the following vote: NOES: Councilmembe of Seal Beach ,1996 ~~I AYES: ABSENT: STATE OF CALIFORNIA I COUNTY OF ORANGE I SS CITY OF SEAL BEACH I I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do ~,.r7~~certify that e foregoing resolution is the original copy of Resolution Numberttm on file in the ffice of the City Clerk, passed, approved and adopted by the <;;i!y' Council of the of Se Beach at a regular meeting thereof held on th&~ ~ day of ,1996. I Resolution Number 1'~41" A' SEAL BEACH POllCE OFFICER'S ASSOCIATION MEM:ORANDUM OF UNDERSTANDING TABLE OF CONTENTS I ARTICLE I. RECOGNITION Section 1. 1 Section 2. 1 Section 3. 1 ARTICLE n. EMPLOYEE ORGANIZATION DUES Section 1. Dues and Benefit Deductions 1 Section 2. Indemnification 1 ARTICLE m. CITY RIGHTS Section 1. 2 Section 2. 2 il ARTICLE IV. NON-DISCRIMINATION Section 1. 2 Section 2. 2 ARTICLE V. COMPENSATION PLAN Section 1. Basic Compensation Plan 3 Section 2. Advancement Within Salary Ranges 3 Section 3. Salary Increases Following Promotion 3 or Temporary Assignment Section 4. Salary Decreases - re Demotion 4 Section 5. Adjustments of Salary Ranges 4 Section 6. Salary and Benefits on Suspension 4 ~I Section 7. Salary Adjustments During Tenn 4 ARTICLE VI. SPECIAL PAY PROVISIONS Section 1. Unifonn Allowance and Safety Eq 4 Section 2. Temporary Assignment Pay 5 Section 3. Court Time 5 Resolution Number 444IJi 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 7 ARTICLE VII. FRINGE BENEFIT ADMINISTRATION I Section 1. Administration 7 Section 2. Selection and Funding 7 Section 3. Limits 7 Section 4. Changes 8 ARTICLE vm. HEALTII. DENTAL. LIFE & DISABIUTY INSURANCE Section 1. Health and Dental Insurance Plan 8 Section 2. Health Insurance Plan for Retiree's 8 Section 3. Life Insurance Plan 9 Section 4. Disability Insurance Plan 9 Section 5. Premium Only Plan 9 I Section 6. Annual Physical 10 ARTICLE IX. RETIREMENT Section 1. 10 Section 2. 10 ARTICLE X. HOURS OF WORK Section 1. Work Period 10 Section 2. Three-Twelve Work Schedule 10 ARTICLE XI. OVERTIME COMPENSATION Section 1. Overtime Defined 11 I Section 2. Compensation for Overtime 11 Section 3. Compensatory Time 11 Section 4. Overtime Reporting 11 Resolution Number #~g ARTICLE XII. HOUDAYS Section 1. Recognized Holidays 12 Section 2. Holiday Compensation ]2 ARTICLE xm. VACATION Section 1. Eligibility 12 I Section 2. Accrual 12 Section 3. Maximum Accroal 13 Section 4. Use of Vacation 13 Section 5. Vacation Payment at Termination 13 Section 6. Vacation Accrual During Leave 13 Section 7. Prohibition Against Working for City During Vacation 13 ARTICLE XIV. LEAVES OF ABSENCE Section 1. Authorized Leave Without Pay 13 Section 2. Bereavement Leave 14 Section 3. Military Leave 14 I Section 4. Pregnancy Disability Leave 14 Section 5. Unauthorized Leave of Absence 15 ARTICLE XV. JURY DUTY Section 1. Compensation for Jury Duty 15 ARTICLE XVI. SICK LEA VB Section 1. General Sick Leave Provisions 15 Section 2. Eligibility 15 Section 3. Accrual 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 Injury 17 . Resolution Number ~~)? ARTICLE XVll. PROBATIONARY PERIODS Section 1. Appointment Following Probation 17 Section 2. Objective of Probation 18 Section 3. Employee Pelfonnance Appraisal 18 Section 4. Rejection of Probationary Employee 18 ARTICLE XVIII. LAYOFF PROCEDURES Section 1. Policy 18 ARTICLE XIX. ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. 19 Section 2. 19 Section 3. 19 ARTICLE XX. CONCERTED REFUSAL TO WORK I Section I. Prohibited Conduct 19 Section 2. Association Responsibility 19 ARTICLE XXI. EMERGENCY WAIVER PROVISION Section 1. 19 ARTICLE xxn. SEPARABiliTY I Section I. 20 ARTICLE xxm. TERM OF MEMORANDUM OF UNDERSTANDING Section 1. 20 ARTICLE XXIV. RATIFICATION Section 1. EXHIBIT A 20 21 I I "I I Resolution Number #1"8 MEMORANDUM OF UNDERSTANDING BETWEEN TIlE CITY OF SEAL BEACH AND TIlE SEAL BEACH POllCE OFFICER'S ASSOCIATION ARTICLE I - RECOGNITION Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance No. 1ffl., 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, b) Police Sergeant, and c) Police Lieutenant. Section 2. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 1. above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act, Government 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. Section 3. The City agrees that the representatives of Association, not to exceed six (6) in number, shall be entitled to meet and confer with Management during said representatives' 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. ARTICLE IT - EMPLOYEE ORGANIZATIONAL DUES Section 1. Dues and Benefit Deductions A. The City will provide voluntary payroll deductions for all members of the Association for regular and periodic dues and benefit program premiums as specified by agreement between the City and the Association and signed by the member. The Authorization 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 shaII not be less than two dollars ($2.00) on a bi-weekly basis. Section 2. Indemnification The Association agrees to hold the City hannless 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. Resolution Number ~~ ARTICLE ill - CITY RIGHTS Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this Memorandum 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 detennine the nature, manner, means, teChnology and extent of services and activities to be provided to the public. B. To detennine and/or change the facilities, methods, teChnology, means and size of the work force by which the City operations are to be conducted. I C. To detennine 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 detennined by the City, and to establish and change work schedules and assignments. E. To establish and modify employee perfonnance standards and productivity and perfonnance programs including, but not limited to, quality and quantity standards, and to require compliance therewith. F. To establish and promulgate and/or modify. roles and regulations to maintain order, safety and efficiency in the City, it's facilities and operations. G. To detennine policies, procedures and standards for the selection, training and promotion of employees. H. To discharge, suspend, demote or othelWise discipline employees for I proper cause in accordance with the provisions and procedures set forth in departmental discip1inary procedure. Section 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 tenns 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. ARTICLE IV - NON-DISCRIMINATION Section I. 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 fmal 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. Section 2. Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender. I I I I "Resolution Number 4# ~ ARTICLE V - COMPENSATION PLAN Section 1. Basic Compensation Plan 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. B. The frnt 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 sa1ary 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 recommendation of the Chief of Police and approved by the City Manager. Section 2. Advancement within Salary Ranges A. In order to properly compensate an employee, advancement in salary shall be based on merit. B. Advancement in sa1ary 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 supervisor 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. Section 3. Salary Increases Following Promotion A. Promotional Appointment - When an employee is promoted to a position with a higher sa1ary range, the employee shall be compensated at a step of the salary range assigned 40 the new position that is closest to providing a 5 % sa1ary increase over the base salary received immediately prior to promotion. Resolution Number /j~ t/ 13 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 a 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. Section 4. Salary Decreases Following Demotion In the case of a demotion of any employee in the department to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the I new classification as recommended by the Chief of Police and approved by the City Manager. The employee shall retain his previous anniversary date. Section 5. Adjustments of Salary Ranges When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same relative step in the new salary range and their anniversary date shall not be changed. Section 6. Salary and Benefits on Suspension During suspension from the City service for disciplinary cause, an employee shall fmfeit all rights, privileges and salary, except he shall not forfeit his medical health plans including dental, retirement plan, disability insurance, or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. Section 7. Understanding Salary adjustments during Tenn of Memorandum of Attached hereto and incolpOrated herein is Exhibit "A". Said Exhibit effects base salary adjustments for represented classifications as follows: I A. Effective February 21, 1996 a 2.5% across the board increase and a 2.5% equity adjustment based upon salary comparisons with other Orange County law enforcement agencies (total adjustment of 5%). B. Effective June 26, 1996 a 2.5% equity adjustment. ARTICLE VI - SPECIAL PAY PROVISIONS Section 1. Unifonn Allowance and Safety Equipment A. An employee, whether or not said employee wears a traditional unifonn, shall receive an annual unifonn allowance of six hundred ($600.00). B. The City shall provide the initial issue of unifonns 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 andlor repair any equipment damaged within the course and scope of the employees' employment. Recuning maintenance, repair and/or replacement due to nonnal 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. I 1 I '1 Resolution Number ~~)? Section 2. Temporary Assignment Pay A. Field Training Officer - Each Officer performing duties of a Field Training Officer shall receive one hundred eighty dollars ($180) for each full month of actual service as a Field Training Officer. This pay shall be included in the regular rate of pay for calculation of FLSA overtime for the term of the assignment as a Field Training Officer. This Section does not apply to the training of Police Reserve Officers. B. Motorcycle Officer - An officer assigned as a motor officer shall work an average of two and two-third (2 and 2/3) hours per month in caring for the motorcycle and related equipment required in said assignment. This time shall be paid in accordance with provisions governing the computation and payment of overtime. Section 3. Court Time A. An employee called for a subpoenaed court appearance which arises out of the course of his employment and not contiguous with his work shift shall be compensated for a minimum of two-and-two-thirds (2-2/3) hours at the rate of one and one-half (1-112) 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-half times the employee's regular hourly rate of pay. Court appearance time shall begin when the employee departs from the Police station to go directly to Court. B. Any appearance 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 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. Section 4. Call-back Employees who are called back to duty after having completed a normal shift or work day assignment and departing from the work premises shall be paid one-and-one-half (1-1/2) times the employee's regular straight time hourly rate for each hour worked on call-back. Call- back time shall commence from the time the employee is called back to service. Section 5. Training Programs A. The City shallO 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. Resolution Number ~~~ I Section 6. Educational Incentive 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 Officer. . . . . . . . .$ 82.00/month Police Sergeant. . . . . . . .. 89.00/month Police Lieutenant. . . . . . . . 100.00/month B. Employees covered by this section who have completed 60 semester units I 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 Officer. . . . . . . . .$134.00/month Police Sergeant. . . . . . . . . 148.00/month Police Lieutenant. . . . . . . . 170.00/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 Officer. . . . . . . . .$186.00/month Police Sergeant. . . . . . . . . 207.00/month Police Lieutenant. . . . . . . . 240.00/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 I an Associate or Bachelor's degree will receive compensation for the Bachelor's degree only. E. Employees receiving Education Incentive Pay shall not lose that pay if they are promoted to a classification which requires the education for which the employee is receiving the additional pay. If the minimum educational requirements are lawfully changed during the term of the Memorandum of Understanding, employees receiving an educational incentive pay will not be effected by such change and will not suffer any loss of such incentive pay. F. City Manager. All payments under this Section are subject to verification approval by the . 0 G. Employees serving an original probationary period shall be ineligible to receive educational incentive pay. Section 7. Stand-by Pay A. Lieutenants and Detective Supervisor{s) may be assigned by the Chief of Police to "stand-by" status. B. Lieutenants and Detective Supervisors required to carry a pager shall I receive eight (8) hours of compensatory time off per month. During any such month where the individual carries a pager for less than the entire month, the number of compensatory time off hours shall be reduced in an amount reflecting the pro-rated monthly time during which a pager was carried. Such compensatory time off hours shall be maintained in an account separate from I I I Resolution Number ~~~ and in addition to compensatory time off hours described in Aniele 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. C. Each affected employee who is assigned to the Detective Bureau and who is on "standby" weekend duty shall be provided four (4) hours of compensatory time off or pay for each standby weekend. Section 8. Exoerience Pay A. Qualified employees of the Association, hired before January I, 1992, with a minimum of ten (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. B. To qualify for experience pay, an employee must meet the minimum years of service required and receive an overall satisfactory perfonnance appraisal signed by the Chief of Police, his designate or an individual acting in his capacity. C. salary as follows: Experience Pay shall be an increased in the qualified employee's base 1. After ten (10) years of service, experience pay shall be paid at a rate of five percent (5%) of the qualified employee's base salary. 2. After twenty (20) years of service, experience pay shall be paid at a rate of ten percent (l0 %) of the qualified employees' base salary, not including the prior increase. ARTIC'J J! vn - FRINGE BENEFIT ADMINISTRATION Section 1. Administration The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the tenn of this Memorandum of Understanding unless otherwise specified within this Memorandum of Understanding. Section 2. Selection and Funding In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the tenns 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. Section 3. Limits 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 tenninated from City employment unless specifically provided for within this Memorandum of Understanding. Resolution Number 4#;5' 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. Section 4. Changes If, during the tenn 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 Association prior to any change of insurance carrier or method of funding the coverage. I ARTICLE vm - HBALm AND DENTAL. liFE AND DISABilITY INSURANCE Section 1. Health and Dental Insurance Plan A. For the employees covered by the tenns of this Memorandum of Understanding, upon having completed thirty (30) days of unintelTllpted service, the City shall pay up to the following amounts for health and dental insurance: For single employees ................... $215/month For employee + I dependent . . . . . . . . . . . . . . . $342/month For employee & 2 or more dependents ......... $4211month B. 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. Section 2. Health Insurance Plan for Retiree's I A. 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. 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 of fifty (50) the following group medical insurance benefits: I. The City shall pay for such retired employee and spouse, the percentage of the group medical insurance premium (employee and one dependent) which is paid by the City on behalf of its active employees on the date that such retired employee's retirement is effective. Such percentage share of the premium cost 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 I $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 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 I I I Resolution Number ~~~ 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. 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] 8 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. 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. Additional]y, 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 1 and 5 of this section. Section 3. Life Insurance Plan The City shall pay one hundred percent (100 %) of the premium for a tenn life insurance policy with a face value of $37,000, double indemnity accidental death benefit and a dependent death benefit in the amount of one thousand dollars ($] ,000) per dependent. Section 4. Disability Insurance Plan The City shall pay one hundred percent (100%) of the premium for the "employee's" ]ong-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 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. Section 5. Premium Only Plan (pre-taxed deduction) The City will provide a Premium Only Plan (POP) for health and dental benefits. This plan will allow for payroll deduction medical and dental insurance coverage to be made before taxes (non-taxable) through salary reduction. Resolution Number 41~11 Section 6. Annual Physical The City shall provide a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer. The exam shall be given by a City appointed physician who is acceptable to the Association. Cost of said physical exam shall be borne by the City. The resulting diagnosis shall be submitted to the City as well as the employee together with specifics of conective treatment. Physical Exam Schedule: 1. 2. 3. New Employee Employee under 40 Employee 40 & over Second year following appointment Alternate years Every year I ARTICLE IX - RETIREMENT Section I. 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 of the contract between the City and PERS consistent with the requirements of PERS' Section 2. The City shall pay all the employee's contribution to their retirement plan and place it in the employees' individual PERS retirement accounts. ARTICLE X - HOURS OF WORK Section 1. Work Period I A. The work period for law enforcement personnel (as defmed by the Fair Labor Standards Act) shall be 336 continuous hours (14 consecutive clays). All full-time law enforcement personnel shall be regularly assigned one of the following work schedules: I. "three-twelve" - three (3) consecutive three (3) clay work weeks consisting of three (3) twelve (12) hour and twenty (20) minute work clays followed by a four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute work clays and one (1) twelve (12) hour work clay. 2. "four-ten" - a work week consisting often (10) hours per clay, four (4) clays per week. 3. five (5) clays per week. "fIve-eight" - a work week consisting of eight (8) hours per clay, Section 2. Three-Twelve Work Schedule A. The standard work week shall be thirty-seven (37) hours or forty-nine (49) hours depending on the number of clays worked in a work week pursuant to A. 1. 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. I I I Resolution Number ~~?? ARTICLE XI - OVERTIME COMPENSATION Section 1. A. Overtime Defined Three-Twelve Work Week Time worked in excess of eighty-six hours in a FLSA work period as defmed in Article vm, Section LA.1. 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 defmed in Article vm, Section 1.A.3.. Section 2. Compensation for 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. 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. Section 3. Compensatory 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 me a written request with the Chief of Police who shall grant time off unless it inte1feres with the nonnal operation staffmg of the police department. 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 below the cap of seventy-five (75) hours. Reimbursement shall occur with the next regular payroll following the pay period in which the employee's written request has been approved by the City Manager. Section 4. Overtime Reporting In order for an employee to earn compensation for overtime, he must receive the supervisor's or the Chief of Police's approval. Overtime worked to meet an emergency situation does not require advance approval, but shall be certified by the Chief of Police before being credited to the employee's record. Resolution Number #~IJ ARTICLE XII - HOLIDAYS Section I. Recognized Holidays For pay purposes, the following holidays are recognized: New Year's Day (January I) Independence Day (July 4) Thanksgiving Day (Fourth Thursday in November) Christmas Day (December 25) "Floating Holiday - A federally-recognized holiday as selected by employee Section 2. Holiday Compensation I A. Employees covered by this Memorandum of Understanding shall be entitled to one hundred twenty (120) compensated holiday hours per calendar year. B. rate of 1I12th. Compensation for holidays will be paid on a monthly basis at a monthly 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 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. Administrative/Investigations - Any Federally recognized holiday, day after Thanksgiving or the employee's birthday. ARTICLE YTTT - VACATION I Section 1. Eligibility All permanent 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. Section 2. Accrual A. Vacation leave is accumulated yearly and is computed on the basis of the employee's hire date as a regular full-time or probationary employee. B. Years of service, for purpose of vacation accrual, shall be from the date of initial employment as a full-time probationary or permanent employee to the anniversary date concluding the full year of the designated year. An eligible employee shall accrue vacation leave by the following schedule: YEARS HOURLY ACCRUAL RATE ANNUAL SERVICE PER PAY PERIOD ACCRUAL RATE ()"'5 4.615 120 hours I 6 4.923 128 hours 7 5.231 136 hours 8 5.486 144 hours 9 5.539 152 hours 10 or more 6.154 160 hours I I I Resolution Number ~~8 Section 3. Maximum Accrual A. An employee may accumulate unused vacation to a maximum of the amount accrued in the thirty (30) months immediately preceding the employee's anniversary date of employment. If the needs of the service require that a sworn employee be denied the use of accrued vacation time and such denial is anticipated to result in a cessation of accrual, the employee may request that his maximum accrual be increased to an amount not to exceed the amount accrued in the preceding thirty-six (36) month period. Such request must be submitted to the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief of Police and City Manager. B. The accrual of vacation shall cease when an employee's accumulated vacation is at the maximum provided in this Section. Additional vacation shall begin accruing when the employee's vacation balance falls below the maximum. Section 4. Use of Vacation A. The time at which an employee's vacation is to occur shall be determined by the Chief of Police with due regard for the wishes 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. Section 5. Vacation Payment at Termination A. Employees terminating employment shall be paid in a lump sum for all accrued vacation leave no later than the next regular payday following termination. B. When termination is caused by death of the employee, the employee's beneficiary shall receive the employee's pay for unused vacation. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee. Section 6. Vacation Accrual During Leave of Absence No vacation leave shall be earned during any leave of absence without pay for each fourteen (14) day period (pay period) of such leave. Section 7. Prohibition Against Working for City During Vacation Employees shall not work for the City during their vacation and, thereby, receive double compensation from the City. ARTICLE XIV - LEAVES OF ABSENCE Section I. Authorized Leave of Absence Without Pay A. Upon the Police Chief's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed ninety (90) working days. Resolution Number ~~41~ 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 ofthe 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 I 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. Section 2. Bereavement Leave Employees may be granted up to forty (40) hours of bereavement leave of absence by reason of a death in their immediate family which shall be restricted and limited to father, mother, step- mother, step-father, brother, sister, spouse, child, step-child, grandmother, grandfather, mother- in-law, father-in-law, or all degree of relatives not listed but living within the household of the employee. . Section 3. Military Leave of Absence A. Military leave shall be granted in accordance with the provisions of State law. All employees entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall 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 I life insurance and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shall be required to pay to the City the same co-payments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at his cost. Section 4. Pregnancy Disability Leave of Absence A. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave for a minimum period of three (3) months provided that a lesser period may be granted upon request of the employee. B. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, sick leave with or without pay, extended sick leave, or accumulated sick leave. C. Employees are encouraged to report the existence of pregnancy. Where the nature of the duties performed are hazardous or burdensome, the employee may be required to submit medical evidence as to fitness for the performance 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 performance of the duties of the position or continuing work would be hazardous. Should disagreement arise between the Chief of Police and the employee's physician as to the hazardous nature of the job or the ability of the employee I to perform the job, a physician representing the City, to the extent protected by law, will resolve the conflict. I I I Resolution Number 4#8 E. Following childbirth and upon release from medical treatment for the disability resulting from the pregnancy, the employee must submit a medical statement of fitness to perform the duties of the position to the Personnel Department. At that time, a determination will be made for a return to work date with reinstatement to be accomplished as expeditiously as is reasonably practicable. Section S. Unauthorized Leave of Absence 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. ARTICLE XV - JURY DUTY Section I. Compensation for Jury Duty A. Employees required to report for jury duty shall be granted leave of absence for such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall receive full payment for the time served on jury duty, provided the employee remits any fees received for such jury service, excluding payment for mileage, to the City's Finance Department. Compensation for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be 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 XVI - SICK LEAVE Section I. General Sick Leave Provisions 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 caused by an employee's own willful misconduct. Section 2. Eligibility All employees covered by this Memorandum of Understanding shall be eligible to accrue sick leave. Section 3. Accrual 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 (IS) working days in that month. Resolution Number ~~t9 Section 4. Accumulation and Payment A. There is no limit on the amount of sick leave that an employee may accumulate. B. An employee may be paid for unused sick leave pursuant to the following: 1. Employees who have not completed fifteen (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 I City. 2. Employees who have completed fifteen (IS) 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 (ll) 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. Section S. Sick Leave During Vacation An employee who becomes ill while on vacation may have such period of illness charged to his accumulated sick leave provided that: I. 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. I 2. The Chief of Police recommends and the City Manager approves the granting of such sick leave. Section 6. Extended Sick Leave In the event of an employee's continuing illness which results in depletion of sick leave accumulation, the employee may request in writing, to the Chief of Police and City Manager, a leave of absence without pay for the purpose of recovering from the illness, provided: 1. 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 examination shall be considered by the City Manager in determining 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. I I I I Resolution Number 4~4.f8 Section 7. Family Leave Upon a demonstration of need and subject to the following conditions, an employee may take sick leave and/or unpaid leave to care for his newborn infant, whether through parentage or adoption, or a seriously ill or injured member of the employees "immediate family" as defined in Article XII Section 2. Bereavement Leave. I. 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}s to begin. ..... 3. Operational n~s 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 . Section 8. On- The-Job-Injury 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. Section 9. Off- The-Job-Injury An employee injured outside of his service with the City shall be compensated through the disability insurance plan provided by the City. ARTICLE XVII - PROBATIONARY PERIODS Section 1. Appointment Following Probation Period A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of twelve (12) months of service. 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. Resolution Number ##-8 C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file with the Personnel Office a statement, in writing, that the retention of the employee is desired. No actions changing an employee's status from probationary to regular full-time shall be made or become effective until approved by the City Manager. Section 2. Objective of Probationary Period The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose I performance does not meet the required standards of work. Section 3. Employee Performance Appraisal A. Each probationary employee shall have his performance evaluated at the end of each three (3) months of service or at a more frequent interval when deemed necessary by the Chief of Police. Permanent employees shall have their performance evaluated annually or at more frequent intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in writing and in the form approved by the Personnel Office. 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. Section 4. Rejection of Probationary Employee A. During the probationary period an employee may be suspended, demoted, or rejected anytime by the Chief of Police, with approval of the City Manager, without cause and without right of appeal, except the right of appeal of punitive action as may be provided by law. Notification of rejection, in writing, shall be served on the probationary employee and a I 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 defmed in the City of Seal Beach Personnel Rules and Regulations and this Memorandum of Understanding. Prior to the disciplinary action becoming fmal, the employee must be notified of his right to the appeal procedure as outlined in these Rules and Regulations. ARTICLE XVIII - LAYOFF PROCEDURES Section I. Policy A. The policy for layoff procedures shall be as adopted in City's Personnel Rules and Regulations.l ARTICLE XIX - ENTIRE MEMORANDUM OF UNDERSTANDING I Section 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 I I I Resolution Number ~t9 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. Section 2. Notwithstanding the provision of Section 1., 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. Section 3. Except as provided herein, other terms and conditions of employment, oral or written, express or implied, that are presently enjoyed by employees represented by the Association shall remain in full force and effect during the entire term of this Memorandum of Understanding unless mutually agreed to the contrary by both parties hereto. ARTICLE XX - CONCERTED REFUSAL TO WORK Section 1. Prohibited Conduct A. The Association, its officers, agents, representatives, and/or members agree that they will respect relevant law and judicial decisions regarding the withholding or diminishment of services to influence negotiations conducted under Section 3500 et. seq of the 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 defmed 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. 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 Memorandum of Understanding including, but not limited to, access to the grievance procedure and use of the City's bulletin boards and facilities. Section 2. Association Responsibility In the event that the Association, its officers, agents, representatives 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. ARTICLE XXI - EMERGENCY WAIVER PROVISION Section I. In the event of circumstances beyond the control of the City, such as acts of God, fIre, flood, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personnel Rules and Regulations of the City, which prevent the City's ability to respond to these emergencies, shall be suspended for the duration Resolution Number /j#1l of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Memorandum of Understanding and any Personnel Rules and Regulations. ARTICLE XXII - SEPARABIUTY Section 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. ARTICLE XXIII - TERM OF MEMORANDUM OF UNDERSTANDING Section I. The terms of this Memorandum of Understanding shall commence on October I, 1995, and shall continue in full force and effect through December 31, 1996. Section 2. The City of Seal Beach and the Police Officers' Association aeree to commence neeotiations for the next contract year by Sqltemher 20. 1996. ARTICLE XXIV - RATIFICATION Section 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 . Council. 3- a5-qr;, President, Seal Beach Police Officers' Association Date Officer, Robert Mullins Officer, Gary Krogman Date CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE: City Manager Date I I I ~esolution Number ~~;1 EXHIBIT A Effective 2/26/96 - 2.5 % general increase plus 2.5 % inequity adjustment: Officer Step A Step B Step C I Step D Step E Sergeant Step A Step B Step C Step D Step E 3211 3375 3548 3729 3900 3900 4100 4310 4530 4738 Lieutenant Step A 4621 Step B 4858 Step C 5106 Step D 5367 Step E 5614 Effective June 26, 1996,2.5% equity adjustment I Officer Step A 3292 Step B 3460 Step C 3637 Step D 3823 Step E 3999 Sergeant Step A 3999 Step B 4203 Step C 4418 Step D 4644 Step E 4858 Lieutenant Step A 4738 Step B 4980 Step C 5235 Step D 5503 Step E 5755 I