HomeMy WebLinkAboutCC Res 4330 1994-08-22
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RESOLUTION NUMBER 14'~
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
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 1 2 months,
commencing April 1, 1994 and ending September 30, 1995.
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 ADOPTED by the City Cou
at a meeting thereof held on the ~ day of
by the following vote:
AYES:
*
iI of the City of Seal Beach
,1994
Councilmemb
NOES:
ABSENT: Councilmembers
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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 ~ebY certify
that the foregoing resolution is the original copy of Resolution Number ~3tj on file
in~ice of the City Clerk, passed, approved and adopted by the ~t.x ~ouncil of
th City of Se I Beach at a regular meeting thereof held on the ~""eJ.. day of
. L;fo
Resolution Number ~~~t'
SEAL BEACH POLICE OFFICER'S ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE I. RECOGNITION
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Section 1.
Section 2.
Section 3.
ARTICLE II. EMPLOYEE ORGANIZATION DUES
Section 1. Dues and Benefit Deductions
Section 2. Indemnification
ARTICLE III. CITY RIGHTS
Section 1.
Section 2.
ARTICLE IV. NON-DISCRIMINATION
Section 1.
Section 2.
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ARTICLE V. COMPENSATION PLAN
Section 1. Basic Compensation Plan
Section 2. Advancement Within Salary Ranges
Section 3. Salary Increases Following Promotion
or Temporary Assignment
Section 4. Salary Decreases Following Demotion
Section 5. Adjustments of Salary Ranges
Section 6. Salary and Benefits on Suspension
Section 7. Salary Adjustments During Tenn of MOU
ARTICLE VI. SPECIAL PAY PROVISIONS
Section 1. Unifonn Allowance and Safety Equipment
Section 2. Temporary Assignment Pay
Section 3. Court Time
Section 4. Call-back
Section 5. Training Programs
Section 6. Educational Incentive Pay
Section 7. Stand-by Pay
Section 8. Experience Pay
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Res.olution Number ~33~
ARTICLE VII. PRINGE BENEFIT ADMINISTRATION
Section 1. Administration
Section 2. Selection and FUnding
Section 3. Limits
Section 4. Changes
ARTICLE VIII. HEALTH. DENTAL. LIFE & DISABILITY INSURANCE
Section 1. Health and Dental Insurance Plan
Section 2. Health Insurance Plan for Retiree's
Section 3. Life Insurance Plan
Section 4. Disability Insurance Plan
Section 5. Premium Only Plan
Section 6. Annual Physical
ARTICLE IX. RETIREMENT
Section 1.
Section 2.
ARTICLE X. HOURS OP WORK
Section 1. Work Period
Section 2. Three-Twelve Work Schedule
I ARTICLE XI. OVERTIME COMPENSATION
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Section 1. Overtime Defined
Section 2. Compensation for Overtime
Section 3. Compensatory Time
Section 4. Overtime Reporting
ARTICLE XII. HOLIDAYS
Section 1. Recognized Holidays
Section 2. Holiday Compensation
ARTICLE XIII. VACATION
Section 1. Eligibility
Section 2. Accrual
Section 3. Maximum Accrual
Section 4. Use of Vacation
Section 5. Vacation Payment at Termination
Section 6. Vacation Accrual During Leave of Absence
Section 7. Prohibition Against Working for City
During Vacation
Resolution Number ~
ARTICLE XIV. LEAVES OF ABSENCE
Section 1. Authorized Leave Without Pay
Section 2. Bereavement Leave
Section 3. Military Leave
Section 4. Pregnancy Disability Leave of Absence
Section 5. Unauthorized Leave of Absence
ARTICLE XV. JURY DUTY
Section 1. Compensation for Jury Duty
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ARTICLE XVI. SICK LEAVE
Section 1. General Sick Leave Provisions
Section 2. Eligibility
Section 3. Accrual
Section 4. Accumulation and Payment
Section 5. Sick Leave During Vacation
Section 6. Extended Sick Leave
Section 7. Family Leave
Section 8. On-the-Job Injury
Section 9. Off-the-Job Injury
ARTICLE XVII. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
Section 2. Objective of Probation Period
Section 3. Employee Performance Appraisal
Section 4. Rejection of Probationary Employee
ARTICLE XVIII. LAYOFF PROCEDURES
Section 1. policy
ARTICLE XIX. ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1.
Section 2.
Section 3.
ARTICLE XX. CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
Section 2. Association Responsibility
ARTICLE XXI. EMERGENCY WAIVER PROVISION
Section 1.
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Resolut:i,ol)' ,Number ./330
ARTICLE XXII. SEPARABILITY
Section 1.
ARTICLE XXIII. TERM OF MEMORANDUM OF UNDERSTANDING
Section 1.
ARTICLE XXIV. RATIFICATION
Section 1.
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Resolution Number 0~o
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICER'S ASSOCIATION
ARTICLE I
RECOGNITION
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Section 1. Pursuant to the provisions of the Employer-
Employee Relations Ordinance No. 2Qi, 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 recogn~zes the Association as the
representative of the employees 1n 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 terms and conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of
Association, not to exceed six (6) in number, shall be entitled to
meet and confer with Management during said representatives' normal I
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.
ARTJ:CLE 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 Form content shall be mutually agreed to by the
Association and the City.
B. The City shall remit such funds to the Association
within fifteen (15) days following the deductions.
C. The City shall make payroll deductions for purposes
of an employee depositing funds or making payments directly to a I
Federal Credit Union, providing that any deductions shall not be
less than two dollars ($2.00) on a bi-weekly basis.
Section 2.
Indemnification
The Association agrees to hold the City harmless and indemnify
the City against any claims, causes of actions, or lawsuits arising
out of the deductions or transmittal of such funds to the
Association, except the intentional failure of the City to transmit
to the Association monies deducted from the employees pursuant to
this Article.
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ARTICLE III
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 determine the nature, manner, means, technology
and extent of services and activities to be provided to the public.
B. To determine and/or change the facilities, methods,
technology, means and size of the work force by which the City
operations are to be conducted.
C. To determine and change the number of locations, and
types of operations, processes and materials to be used in carrying
out all City functions including, but not limited to, the right to
contract for or subcontract any work or operation.
D. To assign work to and schedule employees in
accordance with requirements as determined by the City, and to
establish and change work schedules and assignments.
E. To establish and modify employee performance
standards and productivity and performance programs including, but
not limited to, quality and quantity standards, and to require
compliance therewith.
F. To establish and promulgate and/or modify rules and
regulations to maintain order, safety and efficiency in the City,
it's facilities and operations.
G. To determine policies, procedures and standards for
the selection, training and promotion of employees.
H. To discharge, suspend, demote or otherwise
discipline employees for proper cause in accordance with the
provisions and procedures set forth in departmental disciplinary
procedure.
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 terms and conditions of employment of the bargaining
unit, the City agrees to meet and confer in good faith with
representatives of the Association' regarding the impact of the
contemplated exercise of such rights prior to exercising such
rights, unless the matter of the exercise of such rights is
provided for in this Memorandum of Understanding.
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. The City and the Association shall reopen any
provision of this Memorandum of Understanding for the purpose of
complying with any final order of the federal or state agency or
court of competent jurisdiction requiring a modification or change
in any provision or provisions of this Memorandum of Understanding
in compliance with state or federal anti-discrimination laws.
Resolution Number ~3~
Section 2. Whenever the masculine gender is used in this
Memorandum of Understanding, it shall be understood to include the
feminine gender.
ARTICLE V
COMPENSATION PLAN
Section 1.
Basic Compensation Plan
A. All employees covered by this Memorandum of I
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 first step is a mininrom rate and is normally the
hiring rate for the classification. An employee may be assigned,
upon appointment, to other than the normal entering salary step
within the assigned range upon the recommendation of the Chief of
Police and the approval of the City Manager when it is decided that
such action is in the best interest of the City.
C. The second step, B step, is a merit adjustment which
may be given at the end of six (6) months of employment subject to
the recommendation of the Police Chief and approval of the City
Manager.
D. The third, fourth and fifth steps are merit
adjustments to encourage an employee to improve his work and to
recognize increased skill on the job. Employees are normally
eligible for these adjustments at any time after the completion of
one (1) year of service at the preceding step. Each adjustment
shall be made subject to the recommendation of the Chief of Police
and approved by the City Manager.
Section 2.
Advancement within Salary Ranges
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A. In order to properly compensate an employee,
advancement in salary shall be based on merit.
B. Advancement in salary shall not be automatic, but
shall depend upon increased service value of the employee to the
City.
C. The Chief of Police and/or the employee's immediate
supervisor shall be responsible to evaluate employees fairly in an
unbiased fashion for the determination of job performance.
Advancement shall be made only upon recommendation of the Chief of
Police with approval of the City Manager.
D. An employee must be' reviewed at least once every
twelve (12) months from the effective date of his last performance
step increase, special performance advancement or promotion.
Nothing contained herein shall restrict the Chief of Police from
denying the increase after evaluation, nor shall it prevent him
from recommending a special performance advancement in salary at
any time when unusual or outstanding achievement has been
demonstrated.
E. It shall be the responsibility of each supervisor to I
establish realistic achievement levels for each step increase
within a salary range. Achievement levels may be formal or
informal and shall be reviewed by the Chief of Police for the
purpose of maintaining uniformity of standards throughout the
department.
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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.
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 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 forfeit all rights, privileges and salary,
except he shall not forfeit his medical health plans including
dental, retirement plan, disability insurance, or life insurance.
Should such suspension be later modified or revoked, the employee
shall be entitled to receive payment for loss of income and
benefits during the period of suspension.
Salary adjustments during Term of Memorandum of
Understanding
Attached hereto and incorporated herein is Exhibit nAn. Said
Exhibit effects base salary adjustments for. represented
classifications effective the first.oavroll oeriod in Julv. 1994.
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 7.
Section 1.
Uniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a
traditional uniform, shall receive an annual uniform allowance of
six hundred ($600.00).
B. The City shall provide the initial issue of uniforms
to include two (2) pants and two (2) shirts and utility equipment
to include weapon, safety helmet, baton, and other safety equipment
as required by law or deemed necessary by the City. The City shall
replace and/or repair any equipment damaged within the course and
scope of the employees' employment. Recurring maintenance, repair
and/or replacement due to normal wear shall be the responsibility
of the employee.
Resolution Number
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C. An employee assigned as a motor officer shall
receive an initial issue of required uniform items incident to such
duty. Such items include, but are not limited to: jacket, boots,
gloves, and two pair of trousers.
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 I
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 Offlcers.
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 b~ paid in accordance
with provisions governing the computation and payment of overtime.
Section 3.
Court Time
A. An employee called for a subpoenaed court
appearance which arises out of the course of his employment and
not contiguous with his work shift shall be compensated for a
minimum of two-and-two-thirds (2-2/3) hours at the rate of one and
one-half (1-1/2) times the employee's regular hourly rate of pay.
Should the appearance exceed two and two-thirds hours, the employee
shall r.eceive 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 I
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 I 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 conunence from the time the
employee is called back to service.
Section s.
Training Programs
A. The City shall pay reasonable expenses incurred by
employees attending approved training programs. Expenses include
registration fees and the costs of purchasing required course
materials, travel to and from the training course, meals and I
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.
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Resolution Number ~~
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.
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 . .
Police Sergeant. .
Police Lieutenant.
.$ 82.00jmonth
. 89.00jmonth
. 100.00jmonth
B. Employees covered by this section who have completed
60 semester units of credit from an accredited college or
university with at least 19 units in the field of Police Science or
have attained a P.O.S.T. Inter.mediate Certificate shall receive the
following compensation in addition to their base monthly rate of
pay:
Police Officer . .
Police Sergeant. .
Police Lieutenant.
.$134.00jmonth
. 148.00jmonth
. 170.00jmonth
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 . .
Police Sergeant. .
Police Lieutenant.
.$186.00jmonth
. 207.00jmonth
. 240.00jmonth
D. The above payment compensation shall be based on
achievements over and above the job requirements established in the
position classification plan for each classification. Payment to
employees shall be based on the highest achievement level only;
i.e., employees with an Associate or Bachelor's degree will receive
compensation for the Bachelor's degree only.
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 ter.m 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.
P. All payments under this Section are subject to
verification approval by the City Manager.
G. Employees serving an original probationary period
shall be ineligible to receive educational incentive pay.
Section 7.
Stand-by Pay
A. Lieutenants and Detective Supervisor(s) may be
assigned by the Chief of Police to "stand-by" status.
Resolution Number 1:1-'0
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 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.
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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 B.
Exoerience Pav
A. Qualified employees of the 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 quC!-lify for experience pay, an employee must meet
the minimum years of service reuqired and receive an overall
satisfactory performance appraisal signed by the Chief of Police,
his designate or an individual acting in his capacity.
C. Experience Pay shall be an incrased in the qualified
employee's base salary as follows:
1. After ten (10) years of service, experience pay
shall be paid at a rate of five percent (st) of the qualified I
employee's base salary.
2. After twenty (20) years of service, experience
pay shall be paid at a rate of ten percent (lOt) of the qualified
employees' base salary, not including the prior increase.
ARTICLE VII FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exist or may exist
in the future during the term of this Memorandum of Understanding
unless otherwise specified within this Memorandum of Understanding.
Section 2.
Selection and Fonding
In the administration of the fringe benefit programs, the City
shall have the right to select any insurance carrier or other
method of providing coverage to fund the benefits included under
the terms of the Memorandum of Understanding, provided that the
benefits of the employees and affected retirees shall be no less
than those in existence as of implementation of this Memorandum of
Understanding.
Section 3.
Limits
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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
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. . Resolution Number ~!U!J
otherwise provided for by federal or state "Family Leave Acts"
and/or "Workers Compensation" requirements.
B. City shall not pay premiums or accrue any fringe
benefits afforded with this Memorandum of Understanding for any
employee who has been absent without authorization during said
month, suspended without pay, or who has terminated from City
employment unless specifically provided for within this Memorandum
of Understanding.
C. City shall not pay premiums or accrue any fringe
benefits afforded with this Memorandum of Understanding for any
employee when such premiums or fringe benefits are provided to the
employee through Workers Compensation and/or the Disability
Insurance Plan.
Section 4.
Changes
If, during the term of this Memorandum of Understanding, any
changes of insurance carrier or method of funding for any benefit
provided hereunder is contemplated, the City shall notify the
Association prior to any change of insurance carrier or method of
funding the coverage.
ARTICLE VIII HEALTH AND DENTAL. LIFE AND DISABILITY INSURANCE
Section 1. Health and Dental Insurance Plan
A. Por the employees covered by the terms of this
Memorandum of Understanding, upon having completed thirty (30) days
of uninterrupted service, the City shall pay up to the following
amounts for health and dental insurance:
For single employees . . . . . . . .
For employee + 1 dependent . . . . .
For employee & 2 or more dep~ndents.
$215/month
$342/month
$421/month
B. Subj ect to Public Employees' Retirement System
(PERSJ 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 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 5t 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 1, 1983,
and who has both fifteen (15) or more years of consecutive City
service and has attained the age of fifty (50) ~he following group
medical insurance benefits:
1. The City shall pay for such retired employee
and spouse, the percentage of the group medical insurance premium
(employee and one dependent) which is paid by the City on behalf of
its active employees on the date that such retired employee's
retirement is effective. Such percentage share of the premium cost
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
Resolution Number ~;3~
premiums for an employee and spouse was $300 per month and if the
City and the Association were to agree in the future that the City
would pay $285 of this monthly premium, then an employee retiring
at such time would be entitled to a City payment equal to 95% of
whatever the group medical insurance premium cost is for an
employee and spouse, as it may from time to time exist through that
retired employee's lifetime.
2. The substantive nature and description of the
group medical insurance policy and the benefits thereunder for the I
retired employee shall be identical to the policy and benefits to
which an active employee is entitled. Therefore, it is understood
that the benefits to which a retired employee is entitled pursuant
to this Memorandum of Understanding Section, can, and will almost
certainly, vary from year to year depending upon the nature and
substance of medical insurance and plans agreed to from year to
year by the City and the Association. Therefore, the nature and
substance of policy benefits can increase, remain constant or
decrease in accord with the provision.
3. In order to maintain eligibility for the group
medical insurance benefits described herein, eligible retired
employees shall participate to the fullest extent possible, in
those benefits provided under Title 18 of the Social Security Act
(commonly known as Medi-Care). However, no such participation
shall cause the retired employee to receive lesser group medical
insurance benefits than he or she would otherwise be entitled to as
an active employee, nor shall such participation cause the retired
employee's spouse to receive lesser benefits than such spouse would
be eligible for if the retired employee were an active employee.
4. Any retiree receiving benefits as described
herein may elect to continue medical coverage for dependents at his
or her own expense.
5. Within thirty (30) days after meeting the
eligibility requirements stated above for the receipt of premium
payments by the City, the retired employee shall notify the City in
writing whether he or she desires to participate in the group
medical insurance program provided herein for retirees. If the
retired employees fail to timely give such notice, any and all
rights and benefits provided this Section shall be deemed waived by
such employee. In the event that the retired employee gives such
notice within thirty (30) days, such retired employee shall have a
vested right to receive the group medical insurance benefits
provided by this Section , and therefore, no future actions of the
Association and/or the City shall diminish such payments received
by the retired employee.
6. If any individual retires before reaching age
fifty (50), the individual shall have the option at his or her own
expense, of enrolling himself or herself and any dependents in said
group medical policy as it from time to time exists. Additionally,
any retired employee, employed on August 1, 1983 and who has
fifteen (15) or more years on consecutive City service, but has not
obtained the age of fifty (50), has the option of participating in
the City group hospital and medical insurance plans, all at the
employee's expense: upon attaining age fifty (50) such employee
will be eligible for the benefits of subsections 1 and 5 of this
section.
Section 3.
Life Insurance Plan
The City shall pay one hundred percent (100%) of the premium
for a term life insurance policy with a face value of $37,000,
double indemnity accidental death benefit and a dependent death
benefit in the amount of one thousand dollars ($1,000) per
dependent.
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Section 4.
Disability Insurance Plan
The City shall pay one hundred percent (100%) of the premium
for the "employee's" long-term disability insurance plan with an
income continuation of not less than sixty-six and two-thirds
percent (66 2/3 %) of the employee's monthly salary subject to caps
and eligibility requirements as set forth within the policy of the
accepted carrier. Modifications to the plan shall be made only
after the City has met and consulted with the Association and such
modification made a part of the Memorandum of Understanding.
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.
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
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 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
A. The work period for law enforcement personnel (as
defined by the Pair 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:
1. "three-twelve" - three (3) consecutive three
(3) day work weeks consisting of three (3) twelve (12) hour and
twenty (20) minute work days followed by a four (4) day work week
consisting of three (3) twelve (12) hour and twenty (20) minute
work days and one (1) twelve (12) hour work day.
Resolution Number
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2. "four-ten" - a work week consisting of ten (10)
hours per day, four (4) days per week.
3. "five-eight" - a work week consisting of eight
(8) hours per day, five (5) days per week.
Section 2.
Three-Twelve Work Schedule
A. The standard work week shall be thirty-seven (37)
hours or forty-nine (49) hours depending on the number of days I
worked in a work week pursuant to A.1. above.
B. For PERS reporting purposes, the nine (9) hours
worked over forty (40) during the forty-nine (49) hour work week of
the work period will be considered regular straight time hours for
the intention to report forty (40) hours of regular hours during a
work week.
ARTICLE XI OVERTIME COMPENSATION
Section 1. Overtime Defined
A. Three - Twelve Work Week
Time worked in excess of thirty-seven (37) hours or
forty-nine (49) hours in a work week as defined in Article VIII,
Section l.A.1..
B. Four-Ten Work Week
Time worked in excess of forty (40) hours in a work
week as defined in Article VIII, Section 1.A.2..
C. Five-Eight Work Week
Time worked in excess of forty (40) hours in a work
week as defined in Article VIII, Section 1.A.3..
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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 compen'Batory time off shall not be
considered as time deemed to have been worked.
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 file a written request with the Chief of Police who
shall grant time off unless it interferes with the normal operation I
staffing of the police department.
C. Employees shall be permitted to accumulate a maximum
of seventy-five (75) hours of compensatory time. An employee who
accumulates an excess of seventy-five (75) hours of compensatory
time will be reimbursed within the pay period earned for that
amount in excess of seventy-five (75) hours.
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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.
ARTICLE XII HOLIDAYS
Section 1. Recognized Holidays
For pay purposes, the following holidays are recognized:
New Year's Day (January 1)
Washington's Birthday (Third Monday in Pebruary)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (pourth Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Day (December 25)
Section 2.
Holiday Compensation
A. Employees covered by this Memorandum
Understanding shall be entitled to one hundred twenty
compensated holiday hours per calendar year.
B. Compensation for holidays will be paid on a monthly
basis at a monthly rate of 1j12th.
of
(120)
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.
ARTICLE XIII VACATION
Section 1. Eligibility
All permanent full-time employees having completed one (1)
year of continuous service with the department and annually
thereafter, shall be eligible for a paid vacation at their current
rate of pay.
Section 2.
Accrual
A. Vacation leave is accumulated yearly and is computed
on the basis of the employee's hire date as a regular full-time or
probationary employee.
B. Years of service, for purpose of vacation accrual,
shall be from the date of initial 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:
Resolution Number ~..3~
YEARS
SERVICE
0-5
6
7
8
9
10 or more
HOURLY ACCRUAL RATE
PER PAY PERIOD
ANNUAL
ACCRUAL RATE
4.615
4.923
5.231
5.486
5.539
6.154
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
Section 3.
Maximum Accrual
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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
accumulated vacation is at the maximum provided in this
Additional vacation shall begin accruing when the
vacation balance falls below the maximum.
employee's
Section.
employee's
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.
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Section 5.
Vacation Payment at Termination
A. Employees terminating employment shall be paid in a
lump sum for all accrued vacation leave no later than the next
regular payday following termination.
B. When termination is caused by death of the employee,
the employee's beneficiary shall receive the employee's pay for
unused vacation. In the event an employee has not designated a
beneficiary, the payment shall be made to the estate of the
employee.
Section 6.
Vacation Accrual During Leave of Absence
No vacation leave shall be earned during any leave of absence I
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.
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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 absence
without pay in cases of an emergency or where such absence would
not be contrary to the best interest of the City, for a period not
to exceed ninety (90) working days.
B. Upon written request of the employee, the City
Council may grant a leave of absence, with or without pay, for a
period not to exceed one (1) year.
C. At the expiration of the approved leave, after
notice to return to duty, the employee shall be reinstated to the
position held at the time leave was granted. Failure on the part
of the employee to report promptly at such leave's expiration and
receipt of notice to return to duty, shall be cause for discharge.
D. During any authorized leave of absence without pay,
an employee shall not be eligible to accumulate or receive fringe
benefits except as specifically provided for in this 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 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.
Resolution Number ~
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.
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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 employe~ to perform the
job, a physician representing the City, to the extent protected by
law, will resolve the conflict.
E. Following childbirth and upon release from medical
treatment for the disability resulting from the pregnancy, the
employee must submit a medical statement of fitness to perform the
duties of the position to the Personnel Department. At that time,
a determination will be made for a return to work date with
reinstatement to be accomplished as expeditiously as is reasonably
practicable.
Section 5.
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.
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ARTICLE XV JURY DUTY
Section 1. 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 Pinance 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.
Section 1. General Sick Leave Provisions
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ARTICLE XVI SICK LEAVE
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
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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 (15) working days in
that month.
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 (15)
years of services with the City will not be eligible to be paid for
any accumulated sick leave, nor shall any accumulated sick leave be
used to postpone the effective date of retirement as dete~ined by
the City.
2. Employees who have completed fifteen (15) years
of service with the City shall be paid for accumulated sick leave
in the lesser amount of (i) twenty-five percent (25%) of his
accumulated sick leave at the employee's final hourly rate of pay
or (ii) two thousand five hundred dollars ($2,500). Accumulated
sick leave shall not be used to postpone the effective date of
retirement as dete~ined by the City.
3. Employees employed prior to July 1, 1985, who
are retired because of work related disabilities will be paid all
of their accumulated sick leave at their final rate of pay.
Accumulated sick leave shall not be used to postpone the effective
date of retirement as dete~ined by the City.
Section 5.
Sick Leave During Vacation
An employee who becomes ill while on vacation may have such
period of illness charged to his accumulated sick leave provided
that:
1. Immediately upon return to duty, the employee
submits to his supervisor a written request for sick leave and a
written statement signed by his physician describing the nature and
dates of illness.
2. The Chief of Police recommends and the City Manager
approves the granting of such sick leave.
Resolution Number ~~
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.
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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 maxiIllUlll 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
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.
1. Proof of the birth or
or the serious illness/injury of
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.
adoption of a newborn infant
the family member must be
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3. Operational needs of the City shall be relevant in
determinations regarding the granting of family leave in accordance
with the provisions of State and Federal Family Leave laws.
4. In the event of an extended family leave, the
employee may be required to periodically report on the status of
the situation giving rise to the leave.
5. Pamily 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 I
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.
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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 an4 eighty (180) days. The Personnel Office
shall notify the Chief of Police and the probationer concerned no-
less-than two weeks prior to the termination of any probationary
period.
C. If the service of a probationary employee has been
satisfactory, the Chief of Police shall 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 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 I 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
Resolution Number ~~
served on the probationary employee and a copy filed with the
Personnel Office. A termination interview may be conducted with
each rejected probationer.
B. An exception will be applied where the probationary
employee's job termination or dismissal is based on charges of
misconduct which stigmatizes his reputation or seriously impairs
his opportunity to earn a living, or which might seriously damage
his standing and association in the community. Where there is such
a deprivation of a "liberty interest", the employee shall be given I
pre-disciplinary procedural due process as defined in the City of
Seal Beach Personnel Rules and Regulations and this Memorandum of
Understanding. Prior to the disciplinary action becoming final,
the employee must be notified of his right to the appeal procedure
as outlined in these Rules and Regulations.
ARTICLE XVIII
LAYOFP PROCEDURES
Section 1.
Policy
A. The policy for layoff procedures shall be as adopted
in City'S Personnel Rules and Regulations.
ARTICLE XIX
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 I
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
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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
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'Resolutio~ Number
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term "lockout" is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall, or
failure to return to work employees of the City in the exercise of
rights as set forth in any of the provisions of this Memorandum of
Understanding or applicable ordinance or law.
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 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
illUllediately cease engaging in conduct prohibited in Section 1.
above, Prohibited Conduct, and return to work.
ARTICLE XXI
EMERGENCY WAIVER PROVISION
Section 1. 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
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
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 Understanding.
ARTICLE XXIII
TERM OP MEMORANDUM OP UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding
shall commence on April 1, 1994, and shall continue in full force
and effect through Sentember 30. 1995.
ARTICLE XXIV
RATIFICATION
Section 1. This Memorandum of Understanding is subject to
approval and adoption by the City Council and ratification of the
required number of the duly authorized representatives of the
Association. Following such approval and adoption, the Memorandum
of Understanding shall be implemented by the appropriate
Resolution Number /33tJ
resolution(s), ordinance(s), or other written action of the City
Council.
DATE:
President, Seal Beach Police Officers' Association
Sergeant Donald Dye
Officer Tim Olson
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE:
DATE:
Jerry Bankston, City Manager
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