HomeMy WebLinkAboutCC Res 4516 1997-01-13
RESOLUTION NUMBER 1&:;/;0
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 I
for resolving matters regarding wages, hours and other terms and
conditions of employment; and
WHEREAS, the City of Seal Beach has met and conferred in good faith with the Seal
Beach Police 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 January 1, 1997 and ending December 31, 1997.
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 ADOPTEJ. by.the City Cou
at a meeting thereof held on the ~V!! day of
by the following vote: I
AYES:
Councilmember
the City of Seal Beach
,1997
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NOES:
Councilmember
ABSENT:
Councilmember
_d,~)~~/~,
Mayor
ATTES-T:
/ /
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do h~bY certify
that the foregoing resolution is the original copy of Resolution Number (5/ /l:m file
in t ice of the City Clerk, passed, approved and adopted by the City Council of
th City, of Seal Beach at a regular meeting thereof held on the l:fj~ day of
,1997. '
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SEAL BEACH POllCE OFFICER'S ASSOCIATION
MEMORANDUM OF UNDERSTANDING
Resolution Number 1.11t.P
Section 1. Recognized Holidays 12
Section 2. Holiday Compensation 12
ARTICLE xm. VACATION
Section 1. Eligibility 12
Section 2. Accrual 12 I
Section 3. Maximum Accrual 13
Section 4. Use of Vacation 13
Section 5. Vacation Payment at Tennination 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 14
Section 2. Bereavement Leave 14
Section 3. Military Leave 14
Section 4. Pregnancy Disability Leave 14
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Section 5. Unauthorized Leave of Absence 15
ARTICLE XV. JURY DUTY
Section 1. Compensation for Jury Duty 15
ARTICLE XVI. SICK LEAVE
Section I. General Sick Leave Provisions 15
Scction 2. Eligibility 16
Section 3. Accrual 16
Section 4. Accumulation aild Payment 16
Section 5. Sick Leave During Vacation 16
Section 6. Extended Sick Leave 16
Section 7. Family Leave 17 I
Section 8. On-the-Job Injury 17
Section 9. Off-tile-Job II~ury 17
ARTICLE XVII. PROBATIONARY PERIODS
Section I. Appointment Following Probation 17
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Section 2. Objective of Probation 18
Section 3. Employee Perfomlance Appraisal 18
Section 4. Rejection of Probationary Employee 18
ARTICLE XVIII. LAYOFF PROCEDURES
Section 1. Policy
ARTICLE XIX. MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement 19
Section 2. Physical Fitness Program 19
ARTICLE XX. ENTIRE MEMORANDUM OF ~NDERSTANDING
Section 1. 19
Section 2. 19
Section 3. 19
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ARTICLE XXI. CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
Section 2. Association Responsibility
ARTICLE xxn. EMERGENCY WAIVER PROVISION
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ARTICLE XXIII. SEPARABIUTY
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ARTICLE XXIV. TERM OF MEMORANDUM OF UNDERSTANDING
ARTICLE XXV. RATIFICATION
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EXIllBIT A
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MEMORANDUM OF UNDERSTANDING
BETWEEN TIlE
CITY OF SEAL BEACH
AND TIlE
SEAL BEACH POUCE OFFICER'S ASSOCIATION
ARTICLE I - RECOGNITION
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Section I. Pursuant to the provisions of the Employer-Employee Relations Ordinance
No. 769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer"
interehangeably) has recognized, for the purpose of this Memorandum of Understanding, the
Seal Beach Police Officer's Association as the m:yority representative of the employees in the
bargaitIing unit, which il1c1udes Police Department full-time employees in the c1assifieations 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 I. above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act,
Govenunent 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 duril1g said representatives'
nonnal working hours without suffering any loss in pay while absent from the duties for such
pml'ose, 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) I
hours per year without suffering any loss in pay for such absence for the purpose of mooting
with employees who are members of Association and/or other offices of Association.
ARTICLE II - 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 witlIin fifteen (15) days
following the deductions.
C. The City shall make payroll deductions for purposes of an employee
depositil1g funds or making payments directly to a Federal Credit Union, providing that any
deductions shall not be less than two dollars ($2.00) on a bi-weekly basis.
Section 2.
Indemnification
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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.
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ARTICLE ill - CITY RIGHTS
Section 1. The City reserves, rctains and is vested with, solely and exclusiyely, 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 tillS 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 andlorchange the facilities, methods, technology, means and
size of the work force by which the City operations are to be conducted.
C. To detemline 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 andlor modify rules and regulations to
maintain order, safety and efficiency in the City, it's facilities and operations.
G. To detenlline policies, procedures and standards for the selection, training
and promotion of enJployees.
H. To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth in departmental
disciplinary procedure.
Section 2. Where tile 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 sueh 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 1. The City and the Association agree that they shall not discriminate against
any employee because of race, color, sex, age, national origin, political or religious opinions
or affiliations. TIle City and the Association shall reopen any provision of this Memorandum
of Understanding for the purpose of complying with any final order of the federal or state
agency or court of competent jurisdiction requiring a modification or change in any provision
or provisions of tillS 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.
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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. TIle salary schedule shall consist of five
(5) steps within each range.
B. The fIrst step is a minimum rate and is nonnally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the nonnal
entering salary step within the assigned range upon the recommendation of the Chief of Police
and the approval of the City Manager when it is decided that such action is in the best interest
of the City.
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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 salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
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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 detenllination 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 revicwed 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 salary range, the employee shall be compensated at a step of the salary range
assigned to the new position that is closest to providing a 5 % salary increase over the base salary
received immediately prior to promotion.
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B. Temporary Appointment - In special circumstances, when in the best
interest of the City, the City Manager may approve a temporary assigmnent of an employee to
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a higher-Icvcl classification. In such temporary assignments lasting thirty (30) consecutive
calcndar days or more, the employee shall bc compensated at a stcp of thc salary range assigned
to the new position that is closest to providing a 5 % salary increase over the base salary received
priur to the temporary appointment.
Section 4.
Salary Decreases Following Demotion
In the case of a demotion of any cmployee in the department to a classification with a
luwer maximum salary, such employee shall be assigned to the appropriate salary step in the
new classification as rccommended 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 forfeit
all rights, privileges and salary, except he shall not forfcit his medical health plans including
denial, retirement plan, disability insurance, or life insurance. Should such suspension be later
mudified or revoked, the employee shall be entitled to receive payment for loss of income and
bcnefits during the period of suspension.
Section 7.
Understanding
Salary adjustments during Tenn of Memorandum of
Attached hcreto and incorporated herein is Exhibit "A". Said Exhibit effects base salary
adjustments for represented classifications as follows:
A. Effective January 8, 1997 a 2% across the board increase.
B. Effective June 25, 1997, a 2 % across the board increase.
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1.
Unifonll 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 unifomls to includc two (2) pants
and two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other
safcty 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 cmployees'
employment. Recurring 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 unifunll items incidcnt to such duty. Such items include, but are not limited to: jacket,
boots, gloves, and two pair of trousers.
Sectiun 2.
Tcmporary Assignment Pay
A. Field Training Officer - Each Officer perfonlling duties of a Field Training
Officer shall receivc one hundred eighty dollars ($180) for each full month of actual service as
Resolution Number ~~~
a Field Training Officer. This pay shall be included in the regular rate of pay for calculation
of FLSA overtime for the tenn of the assignment as a Field Training Officer. This Seclion does
nut apply to the training of Police Reserve Officers.
B. Motorcycle Officer - An officer assigned as a mutor officer shall work an
average of two and two-third (2 and 2/3) huurs per month in caring for the motoreycle and
related equipment required in said assigmnent. Tills time shalf be paid in accordance with
provisions goveming the computation and payment of overtime.
Section 3.
Court Time
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A. An employee called for a subpoenaed court appearance which arises out
of the course of his employment and not contiguous with his work shift shall be compensated
for a minimum of two-and-two-thirds (2-2/3) hours at the rate of one and one-half (1-1/2) times
the employee's regular hourly rate of pay. Should the appearance exceed two and two-thirds
hours, the employce 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 depaltment. Should an officer be placed "on- call" during off duty hours for court
appearancc(s) he shall be gmnted two hours pay at the employee's straight time hourly mte 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.
Scction 4.
Call-back
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EmployeeS who are called back to duty after having completed a nonnal 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 stmight time hourly mte for each hour worked on call-back. Call-
back time shall commence from the time the employee is called back to service.
Section 5.
Training Programs
A. The City shall pay reasonable expenses incurred by employees attending
approved trdining programs. Expenses include registration fees and the costs of purehasing
TCquired course materials, trdvcl 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 ovemight 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 progmm 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
overti.me.
Section 6. Educational Incentive Pay
A. Employees covered by this section who have completed 45 semester units I
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.OD/month
Police Sergeant. . . . . . . .. 89.00/month
Police Lieutenant. . . . . . . . 100.00/month
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B. Employces covered by this section who have completed 60 semester units
of credit from an accredited college or university with at least 19 units in the field of Police
Science or have attained a P.O.S.T. Intennediate Certificate shall receive the following
compensatiQn in addition to their base monthly rate of pay:
Police Officer. . . . . . . . .$134.00/month
Police Sergeant. . . . . . . . . l48.00/month
Police Lieutenant. . . . . . . . l70.oo/month
C. Employees covered by tlus 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.oo/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 lughest achievement level only; i.e., employees with
an Associate or Bachelor's degree will receive compensation for the Bachelor's degree only.
E. Employees receiving Education Incentive Pay shall not lose that pay if they
are promoted to a classification which requires the education for wluch tile employee is receiving
the additional pay. If the minimum educational requirements are lawfully changed during the
tenn 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 tIle
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
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
and in addition to compensatory time off hours described in Article XI, Section J. Any
compensatory time off hours eamed in accord with this Section, and not utilized by July Jl 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.
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Section 8.
Experience Pay
A. Qualified employees ohhe Association, hired before January 1, 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
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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.
Section 9.
Movie Detail
Effective with the ratification of this agreement, unit employees shaIl be paid ($40) Forty
dollars per hour for outside movie details. It is understood that time spent on movie details is
brokered outside work and is not considered time worked for the purpose of calculating City
overtime compensation.
ARTICLE vn - FRINGE BENEFIT ADMINISTRATION
Section 1.
Administration
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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 tins 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 Memordndum of Understanding for any employee on unpaid leave status, for more than
fourteen (14) consecutive days, unless specificaIly provided for within tins Memorandum of
Understanding, authorized by the City Manager or otherwise provided for by federal or state
"Family Leave Acts" and/or "Workers Compensation" requirements.
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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 autIlOrization
during said month, suspended without pay, or who has ternlinated from City employment unless
specifically provided for within this Memorandum of Understanding.
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C. City shall not pay premiums or accrue any fringe benefits afforded with
this Memorandum of Understanding for any employee when.snch 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
camer 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.
ARTICLE VIII - REALm AND DENTAL. UFE AND DISABIUTY 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 uninterrupted 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 ......... $42l1month
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
A. The City shaH, subject to PERS administration requirements, luake
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 ou 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 gronp medical insurance premiums for an employee and spouse was $300 per
month and if the City and the Association were to agree in the future that the City would pay
$285 of tlns 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 tlJat retired employee's lifetime.
2. The substantive uature and description of the group medical
insurauce 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
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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 18 of the Social Security Act (commonly known
as Medi-Care). However, no such participation shall cause the retired employee to receive I
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. AllY retiree receiving benefits as described heroin may elect to
continue medical coverage for dependents at his or her own expense.
5. Within thirty (30) days after lileeting 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. Additionally, any
retired employee, employed on August 1, 1983 and who has fifteen (15) or more years on
consecutive City service, but has not obtained the age of fifty (50), has the option of
participating in the City group hospital and medical insurance plans, all at the employec' s
expense: upon attaining age fIfty (50) such employee will be eligible for the benefits of
subsections 1 and 5 of this section.
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Section 3.
Life Insurance Plan
The City shall pay one hundred percent (100%) of the premium for a tennlife insurance
policy with a face value of $37,000, double indemnity accidental death benefit and a dependcnt
death benefit in the amount of one thousand dollars ($1,000) per dependent.
Section 4.
Disability Insurance Plan
The City shall pay one hundred percent (100%) of the premium for the "employee's"
long-tenn disability insurance plan with an income continuation of not less than sixty-s!X 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)
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The City will provide a Premium Only Plan (POP) for health and dental benefits. TIIis
plan will allow for payroll deduction medical and dental insurance coverage to be made before
taxes (non-taxable) through salary reduction.
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Section 6.
Annual Physical
The City shall provide a physical exam periodically as indicated below for the purpose
of detecting hcart 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 shan be submitted to the City as wen as the employee together with
specifics of corrective treatment.
Physical Exam Schedule:
1.
2.
3.
New Employee
Employee under 40
Employee 40 & over
Second year following appointment
Alternate years
Every year
ARTICLE IX - RETIREMENT
Section 1. The City shall make contributions for the public safety personnel cuvered
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 an 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
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 (1) twelve (12) hour work day.
2. "four-ten" - a work week consisting often (10) hours per day, four
(4) days per week.
3.
five (5) days per week.
"five-eight" - a work week consisting of eight (8) hours per day,
Section 2.
Three-Twelve Work Schedule
A. The standard work week shan be thirty-seven (37) hours or forty-nine (49)
hours depending on the number of days worked in a work week pursuant to A.I. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty (40)
during the forty-nine (49) hour work week of the work period will be considered regular straight
time hours for the intention to report forty (40) hours of regular hours during a work week.
Resolution Number ~~~
ARTICLE Xl - OVERTIME COMPENSA nON
Section 1.
Overtime Defmed
A.
Three-Twelve Work Week
Time worked in excess of eighty-six hours in a FLSA work period as
defined in Article VIII, Section I.A.I. and time worked on scheduled days off.
B. Four-Ten Work Week
I
Time worked in excess .of forty (40) hours in a work week as delined in
Article VIII, Section l.A.2.. .
C. Five-Eight Work Week
Time worked in excess of forty (40) hours in a work week as delined in
Article VlII, Section I.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 (1-112) times the straight time hourly
equivalent of the base monthly pay rate.
B. In computing overtime for a regular work week or work period, time
absent from duty as a result of use of sick leave, vacation, holiday or compensatory time off
shall not be considered as time deemed to have been worked.
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
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 shalllile a
wrillen request with the Chief of Police who shall grant time off unlcss it interferes with thc
noollal operation staffing of the policc department.
C. Employees shall be pel1uilled to accumulate a maximum of seventy-five
(75) hours of compensatory time. An employee who accumulates an excess of seventy-livc (75)
hours of compensatory time will be reimbursed within the pay period eal1led 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-live (75) hours. Reimbursement shall occur with
the next regular payroll following the pay period in which the employee's wrillen request has
been approved by the City Manager.
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Section 4.
Ovcrtime Reporting
In ordcr for an cmployee to earn compcnsation for overtime, he must reccivc the
supervisor's or the Chicf of Policc's approval. Overtime worked to mect an emergency situation
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Resolution Numbe~
docs not require advance approval, but shall be certified by the Chief of Police before being
credited to the employee's record.
ARTICLE XU - HOT IDA YS
Section 1.
Recognized Holidays
Fur pay purposes, the following holidays are recognized:
New Year's Day (January 1)
Independence Day (July 4) .
Thanksgiving Day (Fourth Thursday in November)
. .
Chnstmas Day (December 25)
*Floating Holiday - A federally-recognized holiday as selected by employee
Scction 2.
Holiday Compensation
A. Employces covered by this Memorandum of Understanding shall be entitled
to one hundred twenty (120) compensated holiday hours per calendar year.
B.
rate of II 12th.
Compensation for holidays will be paid on a monthly basis at a monthly
C. Employees who work on a designated holiday sliaIl eant, at the straight
time rate, a corresponding numbcr 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 seleeted by the employee subjeet to the approval
uf thc Chief of Police. Employees shall choose their noating holiday as follows:
Patrol - Any Federally recognized holiday or the day after 11l3nksgiving or the
employee's birthday, excluding memorial Day or Labor Day.
Administrative/Investigations - Any Fedemlly recognized holiday, day after
Thanksgiving or the employee's birthday.
ARTICLE xm - VACATION
Section 1.
Eligibility
All pennanent 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 tlleir current
rate of pay.
Section 2.
Accrual
A. Vacation leave is accumulated yearly and is computed on the basis of the
cmployee's hire dale as a regular full-time or probationary employee.
B.. Years of service, for purpose of vacation accrual, shall be from the date
of initial cmployment as a full-time probationary or penllanent employee to the anniversary date
concluding the full year of the designated year. An eligible employee shall accrue vacation leave
by the following schedule:
Resolution Number i.1;{p
YEARS
SERVICE
HOURLY ACCRUAL RATE
PER PAY PERIOD
ANNUAL
ACCRUAL RATE
0-5
6
7
8
9
10 or more
4.615
4.923
5.231
5.486
5.539
6.154
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
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Scction 3.
Maximum Accrual
A. An employce may accumulate unused vaeation to a maximum of the
amount accrued in the thirty (30) months immediatcly preceding the employee's anniversary date
of employmcnt. If the nceds of the service require that a swom employee be dcnied 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 excecd the
amount accrucd in the preceding t11irty-six (36) month period. Such request must be submitted
to the Chief of Police prior to a ccssation of accmal and is subject to thc approval of the Chief
of Police and City Manager:
B. The accrual of vacation shall cease when an cmployee's accumulatcd
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. Thc time at which an employee's vacation is to occur shall be detemlined
by the Chief of Police with duc regard for the wishcs of the employee and particular regard for
the needs of the service.
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B. Employees who have completcd five (5) years or more of continuous
service may elect to bc 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 ofthc prior twelve (12) months. Request for paymcnt 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 Tennination
A. Employees tenlli.nating employment shall be paid in a lump sum for all
accmed vacation leavc no later than the next rcgular payday following tennination.
B. When tenllination is caused by dcath of the employce, thc cmploycc's
bcncficiary shall receive thc employce's pay for unuscd vacation. In the event an cmployee has
not dcsignated a beneficiary, thc payment shall bc made to the estate of the employee.
Scction 6.
Vacation Accrual During Leave of Absence
No vacation leave shall be eamed during any leave of absence without pay for each
fourtcen (14) day period (pay period) of such leave.
Section 7.
Prohibition Against Working for
City During Vacation
I
Employees shall not work for the City during thcir vacation and, thereby, receive double
compcnsation from thc City.
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Resolution Number~~~
ARTICLE XIV - LEAVES OF ABSENCE
Section 1.
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 absencc without pay in cases of an emergency
or w here such absence wou Id not be contrary to the best interest of the City, for a period not
to exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a leave
of absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave, after notice to return to duty, the
employee shall be reinstated to the position held at the time leave was granted. Failure on the
part of the employee to report promptly at such leave's expiration and receipt of notice to return
to duty, shall be cause for discharge.
D. Duriug 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 Understandiug, except that the City shall contribute to an employee's medical
and deutal health piau, 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 bere.wement leave of abseuce 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, graudfather, mother-
in-law, father-in-law, or all degree of relatives not listed but liviug 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 detennine when such leave shall be taken. Whenever
possible, the employce involved shall notify the Chief of Police of such leave request ten (10)
working days in advance of the begitming of the leave.
B. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave the current health benefits (medical, dental, disability and
life iusurance and retirement (if applicable) for the first three (3) months of military leave.
Duriug 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 Abseuce
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 he granted upon request of the employee.
B. Disabilities arising out of pregnancy shall be treated the same as other
temporary disabilities in tenns of eligibility for, or entitlement to, sick leave witl! or without
pay, extended sick .Ieave, or accumulated sick leave.
Resolution Number ~~~
C. Employees are encouraged to report the existcnce of pregnancy. Where
the nature of the dutics perfonued are hazardous or burdensome, the employee may be required
to submit medical evideuce as to fitness for the perfonnance of duties of the position.
D. Employees shall be placed on medical leave whcn the employee's physician
states that medical disability would interfcre with the perfonnance of the duties of the position
or continuing work would be hazardous. Should disagreement arise between thc Chief of Police
and thc employee's physician as to the hazardous nature of.the job or the ability of the employee
to perfonn the job, a physician representing the City, to the exteut proteetcd by law, will resolvc I
the connict.
E. Following childbirth aud upon release from medical treatment for thc
disability resulting from the pregnancy, the cmploycc must submit a medical statcmcnt of litncss
to perf onn thc duties of the position to the Pcrsonncl Department. At thaI time, a dcterm ination
will hc madc for a return to work date with reinstatcment to be accomplished as cxpeditiously
as is reasonably practicable.
Scction 5.
Unauthorized Leave of Absence
Unauthorized leave of absencc are days, or portions of days, whcrein an employee is
abscnt 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 subjcct to disciplinary action, up to and
including tenniuation of employment.
ARTICLE XV - JURY DUTY
Scction 1.
Compcnsation for Jury Duty
A. Employees required to report for jury duty shall he granted leave of
absence for such purpose, upou presentation of jury noticc to the Chief of Policc. Said
cmployees shall reccivc full payment for thc time served on jury duty, provided the employee
remits any fees received for such jury scrvicc, excludiug payment for mileage, to thc City's
Finauce Departmcnt. Compcnsation for milcage, subsistencc or similar auxiliary allowance shall
not bc considcred as a fee and shall bc returned to the employee by the Financc Department.
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B. If the sum of the employee's jury duty responsibilitics is less than a full
work day, thc cmployce shall contact his supcrvisor as to the feasibility of returning to work that
day.
ARTICLE XVI - SICK LEAVE
Scction 1.
General Sick Leave Provisions
A. Sick leavc shall be used only in cases of actual pcrsonal sickness or
disability, mcdical or dental treatment, family leavc or as authorized by the City Manager undcr
spccial circumstances. Thc cmployee requesting sick leavc shalluotify his immediatc supervisor
or Chief of Police prior to thc time set for reporting to work. Sick leave with pay shall not be
allowed unlcss the employee has met and complied with the provisions of this Memorandum of
Understanding.
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B. Sick lcavc shall not be granted for disability arising from any sickness or
injury purposely self-infiicted or caused by an cmployee's own willful misconduct.
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Resoh;ltion Numberi~&:.
Section 2.
Eligibility
All employees covered by this Memorandum of Understanding shall be eligible to accrue
sick leave.
Section 3.
Accrual
Sick leave shall bc accmed at the rate of tcn (10) huurs per calendar month for each
calcndar mouth that the cmploycc has worked regularly scheduled hours and/or has been on
authorized leave which providcs for full pay, for at least fifteen (15) working days in that month.
Section 4.
Accumulation and Payment
A. TIlcre is no limit on the amount of sick leave that an employcc may
accumulate.
B. An employee may be paid for unused sick leave pursuant to the following:
1. Employecs who have not completed fJ.fteen (15) years of services
with the City will not bc eligible to be paid for any accumulated sick Icave, nor shall any
accumulated sick leave bc used to postpune the effective date of retirement as detennined by the
City.
2. Employees who have completed frftecn (15) years of service with
the City shall be paid for accumnlated sick leave in the lesser amount of (i) twenty-live percent
(25 %) of his accnmulated sick leave at thc cmploycc's final hourly rate of payor (ii) two
thousand livc hundred dollars ($2,500). Accumulated sick leave shall not be uscd to postpone
the effective date of retirement as detcnnined by thc City.
3. Employccs employed prior to July 1, 1985, who are retired because
of work related disabilitics 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 effcctive date of retiremcnt as
detennined by thc City.
Section 5.
Sick Leave During Vacation
An employee who becomcs ill while on vaeation may have such period of illness charged
to his accumulated sick leave provided that:
1. Immediately upon return to duty, the cmployee submits to his supervisor
a written request for sick leave and a written statement signcd by his physician describing the
natIlre and dates of illness.
2. Thc Chief of Policc recommends and the City Manager approvcs the
granting of such sick leavc.
Section 6.
Extcnded Sick Leave
In the evcnt uf an cmploycc's continuing illness which results in depiction of sick leave
accumulation, the cmployee may requcst in writing, to the Chief of Police and City Manager,
a lcavc of absencc without pay for the purpose of recovcring from the illncss, provided:
1.
The employee has used all of his accumulated sick leave.
2. TIle employee presents to his department head for referral to and
considcration by the City Manager, a written explanation of the cmployee's illness and an
estimate of the timc needed for recovery signed by thc employee's physician.
Resolution Number f~ {p
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 retum 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 detennining the
employee's fitness to retum 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.
Section 7.
Family Leave
I
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
defUled in Article XII Section 2. Bereavement Leave.
I. Proof of the birth or adoption of a newbom infant or the serious
iUness/injury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the employee's
supervisor at the earliest possible date preceding the time when the leave is to begin.
3. 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
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.
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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 ilhless arising ont of and in the course of their
dutics as public safety employees of the City, shall be entitled to the benefits of California Labor
Code Section 4850 as the Scction 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
accme during the period of disability pursuant to the provision of Califomia 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
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Section 1.
Appointment Following Probation Period
A. The original appointment and promotional appointment of employees shall
be tentative and subject to a probationary period of twelve (12) months of service.
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Resolution Numbe~
B. When unusual circumstaJJces merit the extension of the probationary
period, the Chief of Police shall request, in writing, approval of the City Managcr. 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 of a probationary employee has been satisfactory, the Chief
of Police shall fIle with the Personnel Office a statement, in writing, that thc 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 Prohationary 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
perfonnance does not meet the required standards of work.
Section 3.
Employee Perfornlance Appraisal
A. Each probationary employee shall have his perfonllance 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. 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 PersOlmel Office.
B. The written appraisal report ofan employee's perfonllance evaluation shall
be filed in triplicate, the original to he filcd with the Personnel Officc 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 suspcnded, demoted,
or rejected anytime by the Chief of Police, with approval of the City Manager, without cause
and without right of appeal, except the right of appeal of punitive action as may be provided by
law. Notification of rejection, in writing, shall be served on the probationary employee and a
copy filed with the Personnel Office. A tennination interview may be conducted with each
rejected probationer.
B. An exception will be applied where the probationary employee's job
tenllination or dismissal is based on charges of misconduct which stigmatizes his reputation or
seriously impairs his opportunity to carn a living, or which might seriously damage his standing
and association in the community. Where there is snch 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 UnderstaJJding. Prior to the
disciplinary action becoming final, the employee must be notified of his right to the appeal
procedure as outlined in these Rules and Regulations.
ARTICLE xvm - LAYOFF PROCEDURES
Section 1.
Policy
A. The policy for layoff procedures shall be as adopted in City's Personnel
Rules and Regulations.
Resolution Number fVb
ARTICLE XIX - MISCHI.T ANEOUS PROVISIONS
Section 1.
Tuition Reimbursement
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 $500 per calendar year. Reimbursement is
contingent upon the successful completion of the course. Successful completion means a grade I
of "C" or better for undergraduate courses and a grade of "B" or better for graudate cOl~rses.
All claims for tuition reimbursement require prior approval.
Section 2.
Physical Fitness Prol!ram
Within sixty (60) days of tIle ratification of this agreement, the parties agree to implement
a physical fitness program. In general, the program will be modeled on the sample program
provided by the City of Gilroy. Compensation for the program shall be in the fonn of vacation
time.
The program shall be considered a trial program to expire at the end of the calendar year
1997; unless otherwise agreed by the parties.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this Memorandum
of Understanding shall incorporate all prior agreements and memoranda of agreement, or
memoranda of understanding, or contrary salary and/or personnel resolutions or administrative
codes, provisions of the City, oral or written, expressed or implied, between the parties, and
shall govern the entire relationship, and shall be the sole source of any and all rights which may
be asserted hereunder. This Memorandum of Understanding is not intended to contlict with
federal or state law.
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Section 2. Notwithstanding the provision of Section 1., there exists within the City
certain personnel roles and regulations and police department roles 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 exereise of City rights
under this Memorandum of Understanding and applicable state law.
Section 3. 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 tllis 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 I
dimitlishment 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 tenn of
this Memorandum of Understanding. The term "lockout" is hereby defined so as not to include
the discharge, suspension, termination, layoff, failure to recall, or failure to retum to work
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Resolution Number.
cmployees 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 prohibitcd in subparagraph
A. above may be subject to tenninatioll.
D. In addition to any other lawful remedies or disciplinary 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 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
ill any of the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its
duly authorized representatives shall immediately instruct any persons engaging in such conduct
that their conduct is in violation of this 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 XXII - EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts
of God, firc, flood, civil disorder, national emergency, or similar circumstances, provisions of
this Memorandum of Understanding or the Pcrsonnel Rules and Regulations of the City, which
prevcnt the City's ability to respond to these emergencics, shall be suspended for the duration
of such emergency. After thc 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 Undcrstanding and any Personnel Rulcs and Regulations.
ARTICLE xxm - SEPARABILITY
Section 1. 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 Undcrstanding.
ARTICLE XXIV - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The tenns of this Memorandum of Understanding shall commence on
January I, 1997, and shall continue in full force and effect through Deccmber 31, 1997.
Section 2. TIle City of Seal Beach and the Police Officers' Association agree to
commcnce negotiations for the next contract year by Septcmber 20, 1997.
Resolution Number ~~~
ARTICLE XXV - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and adoption
by the City Council and ratification of the required number of the duly authorized representativcs
of the Association. Following such approval and adoption, the Memorandum of Understanding
shall bc implemented by the appropriate resolution(s), ordillance(s), or other writtcn action of
roo rz:;p~~ #.2 en
Presidcnt, Seal Beach Police Officers' Association Date
Officer, Robert Mullins
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IN
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Date
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE:
ILfl 2~ j
.
City Manager
q---IJ-:r 7
Date
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EXHIBIT A
Effective 1/08/97 - 2 % general increase:
Salary
Officer Step A 3358
Step B 3530
I Step C 3711
Step D 3900
Step E 4080
Sergeant Step A 4080
StepB 4288
Step C 4508
Step D 4738
Step E 4956
Lieutenant Step A 4833
Step B 5081
Step C 5340
Step D 5614
Step E 5871
EXHIBIT A.2
Effective June 25, 1997 - 2% general increase:
Salary
I Officer Step A 3426
Step B 3601
Step C 3786
Step D 3979
Step E 4162
Scrgeant Step A 4162
Step B 4375
Step C 4598
Step D 4833
Step E 5055
Lieutenant Step A 4931
Step B 5183
Step C 5448
StepD 5727
Step E 5990
I.
Resolution Number~