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HomeMy WebLinkAboutCC Res 4268 1993-11-08 RESOLUTION NUMBER 1-54"8 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 I 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 12 months, commencing April 1, 1993 and ending March 31, 1994. 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. NOES: Council member I PASSED, APPROVED AND ADOPTED at a meeting thereof held on the by the following vote: AYES: Councilmember ABSENT: Councilmembers A T: 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 ~ebY certify that the foregoing resolution is the original copy of Resolution Number ~,5' on file in th office of th City Clerk, passed, approved and adopted by the Cg.touncil of ity of Se ...-Bea h at a regular meeting thereof held on the _ day of ,1993. I I I I ~esolution Number 4~13 APPENDIX A THIS MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN THE MANAGEMENT REPRESENTATIVE OF THE CITY OF SEAL BEACH, hereinafter referred to as "Management" and THE SEAL BEACH POLICE OFFICERS ASSOCIATION, an association of Sworn Police Personnel hereinafter referred to as "Association." WHEREAS, Association petitioned City in accordance with provisions of Ordinance Number 769, and was granted certification as a recognized employee organization representing all sworn police department personnel in accordance with Government Code Section 3508 which states that: "...the governing body may not prohibit the right of its employees who are full time "peace officers" as that term is defined in section 817 of the Penal code, to join or participate in employee organizations which are composed solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization; and WHEREAS, the duly appointed, recognized employee representatives of Association and Management representatives representing the City of Seal Beach have met and conferred in good faith on numerous occasions concerning wage, hours and terms and conditions of employment in conformance with the terms, conditions and provisions of Ordinance Number 769 and State Law; and WHEREAS, Association and the Management representatives have mutually agreed to recommend to the City Council of the City of Seal Beach the terms, conditions, hours, and wages pertaining to employment with City for those employees represented by Association, as set forth in this Memorandum of Understanding. Section 1. Manaqement Riqhts It is understood that the City retains all of its rights and powers to direct and control the business of the City to the fullest extent permitted by law. It is also understood that the City retains all of its rights and powers to direct and control the business of the City to the fullest extent permitted by law except as may be limited by an express provision of this Memorandum of Understanding. Management and Association agree that replacement of personnel and their replacement rate is a management prerogative. Section 2. Administration A. City shall provide a bulletin board in the following location: Police Department. Said bulletin boards to be available for the purpose of posting notices pertaining to Association's business only. Association shall not use any other bulletin board within City facilities. B. C;, ty recognizes Association I s right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to such representatives identity and of subsequent appointments, if any. Association and City 1 Resolution Number L/.2~f agree that employees appointed or elected as Association representatives shall be required to work full time. C. Management agrees that the recognized representatives of Association, not exceed six (6) in number shall be entitled to meet and confer with Management during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose, providing that such time per person shall not exceed two hours in anyone week. Management 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. I Section 3. Retirement A. The City provides the through the Public (P.E.R.S.) : following Employee's retirement Retirement coverage System 1. Retirement at Aqe Fiftv Provides for age 50 as a minimum voluntary retirement age for local safety members as specified in Government Code Section 20952.5. 2. 1959 Survivor Benefit Proqram Effective June, 1991, provides for allowances for survivors of members as specified in Government code Sections 21380-21388 at the highest level of benefit available on July 1, 1990. 3. Post-Retirement Survivor Allowance I Provides survivor specified 21263.1. 4. Additional Increase for Persons Retired or Deceased on/or Before December 21. 1970 , Provides for five percent (5%-) increase of the monthly allowance paid to a person retired or a member who died on or before December 31, 1970, as specified in the Government Code. 5. Two Percent at Aqe 50 Retirement Formula Provides for retirement benefits payable at age fifty as specified in Government Code Section 21252.01. 6. Active Militarv Service Credit Provides for service credit for up to four years of continuous military services as specified in Government Code Section 20930.3. The employee shall be required to pay the entire cost of this benefit. 8. Citv-Paid Retirement Contribution The employees' retirement contribution rate, as a percent of base wage, shall be paid by the City for the benefit and credit of the employee. Sick Leave Credit Provides for service credit at the rate of years for each day of unused sick leave Government Code Section 20862.2. I 7. .004 per 2 I I I Resolution Number ~'d 9. Final Year Comoensation The contract with the Public Employees' Retirement System shall be amended to include the computation of "final compensation" based upon the single highest year of annual compensation earnable by a member. (Gov. Code Section 20024.2) 10. Code Revisions/Vested Benefits Reference to specific Government Code section is for ease of reference. Changes in any such Code sections shall not alter vested benefits. Section 4. Insurance A. Administration 1. Part-time, seasonal, provisional and/or hourly employees and reserve pOlice officers shall not be eligible for participation in insurance through this memorandum. 2. Full- time sworn safety employees of the City who have completed thirty (30) days of uninterrupted service shall be enrolled in insurance programs, provided through the Memorandum of Understanding, on the first day of the next succeeding month. 3. Sworn safety employees who change classification from full-time to part-time, hourly or seasonal, shall not be eligible for these benefits. 4. City shall not pay premiums or accrue any fringe benefits afforded with this section for any sworn safety employee on unpaid leave status, for more than fourteen (14) consecutive days, including workers compensation benefits, unless authorized by the City Manager, or for any Police Department employee who has terminated from City employment for any reason. 5. City shall not make any monthly premium payments on behalf of any sworn safety employee who has been absent without authorization during said month. 6. A person who receives workman's compensation benefits is not eligible to receive benefits from the City's group medical insurance. 7. All full-time sworn safety employees eligible for the health insurance benefit plan are to be accorded the opportunity to enroll their eligible dependents in said plan. B. Health and Dental Insurance Effective 1/16/91, City shall pay up to the following amounts for health and dental insurance: For single employees . . . . . . . . .$215/month. For employee & 1 dependent . . . . . .$342/month. For employee & 2 or more dependents. .$421/month. Subject to public Employees' Retirement System (PERSl 'administrative requirements, the City shall make available to eligible employees participation in the group medical plans offered by PERS. The City also agrees to 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 3 Resolution Number ~i:>B contribution to be increased each future year by 5% of City's contribution for current POA employee. C. Premium Only Plan (POP) The City will provide a Premium Only Plan (POP) for health and dental benefits. This plan will allow for premium payments for medical and dental insurance coverage to be made before taxes (non-taxable) through salary reduction. This plan shall be implemented as soon as possible, but no later than September 1, 1990. Life Insurance D. I Each affected employee shall be provided a One Hundred Percent (100%) City-paid term life insurance policy with a face value of Thirty-Seven Thousand Dollars ($37,000), a double indemnity accidental death benefit, and a dependent death benefit in the amount of One Thousand Dollars ($1,000) per dependent. E. Income Continuation Insurance The City shall provide a group insurance plan for income continuation for eligible Police Department employees. Said insurance to provide an income continuation of Sixty-Six and Two-Thirds Percent (66.67%) of the employee's monthly salary, up to a maximum of Five Thousand Dollars ($5,000) per month, for a period of time not to exceed the length of injury or illness. Said insurance shall become effective after a ninety (90) day waiting period. F. Medical Insurance for Retired Association Members The City shall provide to any retired employee (either service or disability retirement who is employed on I August 1, 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: 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 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 $285 of this monthly premium, then an employee retiring at such time would be entitled to a City payment equal to 95% of whatever the group medical insurance premium cost is for an employee and spouse, as it may from time to time exist through that retired employee's lifetime. I 2. The substantive nature and description of the group medical insurance policy and the benefits thereunder for the retired employee shall be identical to the policy and benefits to which an active employee is entitled. Therefore, it is understood that the benefits to which a retired employee is entitled pursuant to this MOU section, can, and will almost certainly, vary from year to 4 I I H. I . , Resolut~on Number 4:?b$ year depending upon the nature and substance of medical insurance and plans agreed to from year to year by the City and the Police Officers I Association. Therefore, the nature and substance of policy benefits can increase. remain constant. or decrease in accord with the provision. 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. 3. 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 F 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 F, 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 is employed on August 1, 1983 and who has fifteen (15) or more years of 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 F.1 to F.5. Benefit Limitations Part-time, hourly, seasonal, and/or provisional employees, volunteer firemen, reserve police personnel, and any City employee who is not employed on a continuous full-time basis shall not be eligible for benefits stated in this section. No employee who receives workmen I s compensation insurance payments shall receive overlapping benefits (except life insurance) stated in this Section. City shall not make any monthly payment for premiums for any insurance benefit listed in this resolution on behalf of or to any 5 Resolution Number ~~ fl employee who has been absent without authorization for more than three (3) days during said month or for any employee who has terminated for any reason whatsoever or who is on unpaid leave status for more than fourteen (14) consecutive days unless authorized by the City Manager. Section 5. Work Period The work period for law enforcement personnel shall be 336 continuous hours (14 days). I Section 6. Work Schedules All full-time sworn personnel shall be regularly assigned one of the following schedules: A. "4/10" - a 4-day work week (4/10-hour days "on" and 3 days "off" per each 7-day period) for a forty (40) hour work week. B. "3/12" - three (3) consecutive 3-day work weeks (3/12- hour, 20 minute days "on" and 4 days "off") followed by a 4-day work week (3/12-hour, 20 minute days and 1/12- hour day for 4 days "on" and 3 days "off") for a work period as defined by FLSA, Section 5, of 74-hours (Work Period A) followed by a work period of 86-hours (Work Period B) . Management assumes the right to schedule all sworn police personnel as it deems necessary. The impact of any changes which affect the employees' conditions of employment is subject to the meet and confer process. Section 7. Overtime I A. Definition Time worked in excess of the number of hours regularly scheduled to work. For those employees assigned to work a "4/10" schedule, overtime shall accrue for time worked in excess of the hours of the assigned work week, as defined in Section 6. A. For those employees assigned a "3/12" schedule, overtime shall accrue for time worked in excess of the hours of the assigned work period A or B, as defined in Section 6. B. In determining whether the employee has worked overtime during 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. B. Overtime is to be authorized supervisor, when ever possible, Employee's Biweekly Time Report. Overtime Compensation and Accrual by the appropriate and recorded on the C. Overtime shall be accrued at the rate of time arid one- half (1-1/2). Compensation for overtime is in the form of either pay, within the pay-period accrued, or compensatory time off/accrued (eTO). I 1. CTO may be employee. employee's granted by the City upon request of the CTO requires the prior approval of the supervisor. 6 I I I Resolution Number ~~ 2. The City agrees to pay all accumulated CTO to employees who terminate, at either the employee's final regular rate or the average regular rate received by the employee during the last three years of employment, whichever is the higher. , 3. Effective with the beginning of the pay period following the July 1993 "comp-pay down" the maximum amount of compensatory time any employee may accumulate is seventy-five (75) hours. 4. Any employee who has accumulated CTO in excess of seventy-five (75) hours will be reimbursed on the second pay period in July 1993 for that amount in excess of seventy-five (75) hours. Thereafter, any employee who accumulates an excess of seventy-five (75) hours of compensatory time will be reimbursed for that amount in excess of seventy-five (75) hours within the pay-period earned. All payments described herein shall be at the employee's regular rate (as defined by the FLSA) at the time of payoff. D. Court Time 1. Where sworn safety employees are required to make court appearance(s) and the entire appearance occurs during off duty hours, the employee shall receive time and a half of his/her hourly rate for all time spent in court; in no case less than four hours compensation at the employee's regular straight time hourly rate. Sworn safety employees required to be on call during off duty hours for court appearance(s) shall be granted two hours pay at the employee's straight time hourly rate of pay for any on call time prior to 12 noon and two hours for all on call time after the hour of 12 noon. 2. 3. Where a sworn safety employee is required to appear in court, and where the appearance(s) directly interfaces with his/her regular work schedule, the appearance(s) will be considered an extension shift and will be compensated at time and a half the employees rate. Section 8. Leave Benefits A. Vacations 1. Vacation leave is accumulated yearly and is computed on the basis of the employee's hire date as a full-time probationary or permanent employee and is payable at the employee's base hourly rate exclusive of any bonus or assignment differential. Employees who must change their vacation date due to department request, shall not be subject to loss of vacation if they should have more accumulated vacation than allowed upon reaching their hire date anniversary. 2. 3. City agrees to pay for all accumulated vacation leave to employees who terminate. Such lump sum payments shall be no sooner than on the next regular payday following termination. 7 Resolution Number 1..:l1n ~ 4. The vacation accumulation schedule is as follows: Years Service (*) vacation Hours Earned Hourly Accrual Rate per Pay Period - Bi-weekly 0-5 120 6 128 7 136 8 144 9 152 10 or more 160 4.615 4.923 5.231 5.539 5.486 6.J.54 (*) Years of service, for purpose of vacation accrual, shall be from the date of initial employment to the anniversary date concluding the full year of the designated year. 5. An employee may not accrue more than two- times (2X) their annual accrual rate. B. Sick Leave J.. All full-time sworn probationary and permanent Police Department employees shall earn sick leave at the rate of ten (J.O) hours per month. 2. Upon honorable termination from City employment, the following provisions shall apply (subject to Section 8B3 (a) below): a. Sworn unit members who have not completed fifteen (15) years of service with City shall not be paid for any accumulated sick leave, nor shall any accumulated 'sick leave be used to postpone the effective date of retirement as determined by the City. b. Sworn unit members who have completed fifteen (J.5) 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/her accumulated sick time at hiS/her final hourly rate, or (ii) two thousand five hundred dollars ($2,500). Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. 3. Sick leave may be used for illness or injuries which are not work related. Sick leave may also be utilized by any affected employee to care for ill or injured members of the immediate family. For the purpose of this section, "immediate family" shall be defined as it is for bereavement leave. a. Unit members employed prior to July 1, J.985,who are retired because of work related disabilities will be paid all of their accumulated sick leave at their final rate of pay. Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by the City. C. Bereavement Leave 1. All full- time, proba t i onary , and permanent sworn Police Department employees may have up to forty (40) hours of bereavement leave with pay when death occurs in their immediate family. 8 I I I I I I Resolution Number ~~ 2. Immediate family shall be defined as that group of individuals including the employee's mother, father, spouse's father and mother, spouse's step- parents, step-mother, step-father, foster father, sisters, brothers, spouse, children, grandparents, and all degree of relatives not listed by living within the household of the employee. D. Holiday Leave 1. All full-time sworn employees of the Police Department shall be entitled to one hundred twenty (120) hours compensated holidays per calendar year. 2. Effective April 1, 1993 compensation for holidays will be paid on a monthly basis at a monthly rate of 1/12th. 3. All full-time sworn employees who work a designated holiday shall be entitled to a corresponding day- off to be scheduled by management. The designated holidays are as follows: New Year's Day (January 1) Washington's Birthday (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) The Calendar Day following Thanksgiving Day , Christmas Day (December 25) Section 9 Uniform Allowance A. Each affected employee whether or not said employee wears a traditional uniform, shall be provided an annual uniform allowance of six hundred ($600.00) to be distributed in accordance with existing department practice and procedures. Section 10. Other Pay A. Experience Pay Effective December 1, 1986, all affected employees with a minimum of ten (10) years of full time service as a sworn police officer with a Municipal, County or State Police Agency meeting CALIFORNIA POLICE OFFICERS' STANDARDS AND TRAINING COMMISSION standards or their equivalent, shall be eligible to receive, upon receipt of an overall satisfactory performance appraisal signed by the Chief of Police, his designate, or an individual acting in his capacity, a five percent (5%) increase in their base salary. Effective January 1, 1988, eligible employees with twenty (20) years of full time service shall receive a ten percent (10%) increase above their base salary. The experience pay provision shall not apply to any eligible new hires after January 1, 1992. The experience pay provision will remain in place for all eligible employees hired prior to January 1, 1992. B. Field Training Officers Field Training Officers shall be credited with one hundred eighty dollars ($180) for each full month of actual service as a Training Officer to be submitted as 9 Resolution Number ~~ I? compensatory leave hours. Such time will be prorated for actual time worked. C. Pager Pay 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 I 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 Section 7 above. 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. D. Motorcycle Duty Pay Full-time sworn employees when regularly assigned to Motorcycle Duty, and responsible for the upkeep of the unit shall receive 4 hours per month of straight time as Compensatory Time Off. Section 11. Education Incentive Full-time sworn employees of the Police Department who have completed their initial probation of twelve (12) months, are eligible to participate in one of the following educational incentive programs: A. Employees covered by this section who have completed 45 semester units of college credit with at least lG units in the field of Police Science shall receive the following compensation in addition to their base salary: I Police Officer . . Police Sergeant. . . Police Lieutenant. . . . . . $82. OO/month. . . . . $89.00/month. . . . ..$lOO.OO/month. B. Employees covered by this section who have completed GO semester units of college credit with at least 19 units in the field of Police Science or have attained a POST Intermediate Certificate shall receive the following compensation in addition to their base salary: Police Officer . . Police Sergeant Police Lieutenant . $134.00/month. . $148.00/month. . $170.00/month. C. Employees covered by this section who have completed a Bachelors Degree from an accredited college with at least 22 units in the field of Police Science or have attained a POST Advanced Certificate shall receive the following compensation to their base salary: Police Officer Police Sergeant . . . . . . Police Lieutenant . . . . . .$18G.00/month. .$207.00/month. .$240.00/month. I D. Only employees who exceed the minimum qualifications required by their respective position descriptions are eligible to participate in the Education Incentive Program. Employees who are receiving Education Incentive 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. 10 I I. I Resolution Number ~11 E. If the minimum educational requirements are lawfully changed during the term of this 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. Section 12. Dues and Benefit Deductions The City shall deduct dues and benefit program premiums on a regular basis from the pay of all classifications and positions recognized to be represented "by" association, who voluntarily authorized the deduction in writing, on a form to be provided for this purpose which is mutually agreed to by the Association and the City. The City shall remit such funds to the Association within fifteen (15) days following the deductions. B. The City shall make payroll deductions for purposes of an employee depositing funds or making payments directly to a Federal Credit Union, providing that any deductions shall not be less than two dollars and fifty cents ($2.50) on a bi-weekly basis. A. Section 13. Frinqe Benefits Administration A. The City shall meet and confer with the Association prior to any change of insurance carrier or method of funding coverage for any fringe benefits provided hereinafter during the term of this Memorandum of Understanding. B. City shall not pay on behalf of any Police Department employee the cost of any fringe or supplemental wage benefits, including, but not limited to group life insurance, marksmanship bonus, uniform allowance, and/or supplemental pay, or the wages or salaries of said employee during any unauthorized absence or during any period of time such employee is suspended without payor on leave of absence without pay. In such instances, however, employee may make arr?-ngements to pay such costs by authorized payroll deductions and/or cash payments to Section 14. Annual Phvsicals Unit members shall be provided 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 doctor who is acceptable to the Association. Cost of said physical exams are to 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: A. B. C. New Employee Employee under 40 Employee 40 & Over Second Year following appointment Alternate years Every year Section 15. Standby Each affected employee who is assigned to the Detective Bureau and who is on "standby" weekend duty shall be provided four (4) hours of compen~atory time off for each standby weekend. n Resolution Number ~~G??1 Section 16. Separability If any provision of the Memorandum of Understanding or the application of the same is held invalid by a final judgment of a court of competent jurisdiction, then the remainder of the Memorandum of Understanding shall not be effected thereby. In addition, and should the Fair Labor Standards Act (FLSA) be determined to be inapplicable to the affected employees by either Congress, the Department of Labor, administrative tribunal or the courts, then changes made within this I Memorandum of Understanding and in order to comply with previously applicable FLSA provisions shall be null and void and shall be replaced with the pre-existing conditions that were modified or eliminated in order to comply with then existing FLSA requirements. . Section 17. Salaries Listed below are the salaries of all become effective on September 26, remains in effect for the term Understanding: affected employees which 1990 is unchanged and of this Memorandum of A B C 3170 3855 4573 D E Officer Sergeant Lieutenant 2876 3496 4144 3021 3672 4353 3329 4049 4800 3497 4250 5040 Unless otherwise authorized new employees will be assigned to Step A - eligiblity for subsequent steps annually thereafter. Section 18. Concerted Refusal to Work A. If an employee participates in any manner in any strike, work stoppage, slowdown, sick-in or other concerted refusal to work or participates in any unlawful manner in any picketing or impediment to work in support of any such strike, work stoppage, slowdown, sick-in or other concerted refusal to work or induces other employees of the City to engage in such activities, such employee shall be subject to discharge by the City, subject to the holding in Skelly v. State Personnel Board and subj ect to the right to appeal to the Seal Beach Civil Service Board. I / B. In the event the Association calls, engages in, encourages, assists or condones in any manner, any strike, work stoppage, slowdown, sick-in or other concerted refusal to work by employees of the City or any unlawful picketing or work impediment in support thereof, or any other form of interference with or limitation of the peaceful performance of City services, the City may exercise any lawful remedies or disciplinary actions available to it regarding the Association. This section shall terminate and have no continuing force or effect beyond March 31, 1994 even if a successor Memorandum of Understanding is not agreed upon and even if the "meet and confer" process regarding a successor Memorandum of Understanding is not concluded. C. I Section 19. Master Memorandum of Understa~dinq A. It is agreed that the Memorandum of Understanding is considered to be a "Master" Memorandum of Understanding 12 I I I Resolution Number ~ which incorporates all previously agreed upon written terms and conditions of employment of past Memorandums of Understanding. This Memorandum of Understanding shall not be modified prior to its expiration unless by mutual consent of both parties. B. Maintenance of Existing Benefits Except as provided herein, other terms and conditions of employment 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. Both parties understand that there are various items that may have developed into working conditions which are not detailed in writing but which will be maintained under this agreement; provided that they substantively affect matters within the scope of representation. Section 20. Term The term of this Memorandum of Understanding shall commence on April 1, 1993 and shall continue through and including March 31, 1994. Section 21. Imolementation This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification of the required number of the duly authorized representatives of the Association. following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution (s), ordinance (s), or other written action of the City Council. SEAL BEACH POLICE OFFICERS ASSOCIATION CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE JERRY BANKSTON, CITY MANAGER 13 .