HomeMy WebLinkAboutCC Res 4118 1992-01-27
RESOLUTION NUMBER
4//t!
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, A CHARTER CITY,
ESTABLISHING SALARY RATES, A SALARY AND WAGE
SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF
CERTAIN EMPLOYEE BENEFITS FOR THE POLICE
DEPARTMENT AND REPEALING ON THE EFFECTIVE
DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT
THEREWITH
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THE CITY COUNCIL OF THE CITY OF SEAL B~CH HEREBY RESOLVES:
Section 1.
Section 2.
Section 4.
The salary schedule as sr.o~n on Section 18 of
Appendix A attached hereto and made a part hereof
for each salary range shall constitute the basic
compensation and pay plan for all positions of pay
in each salary range for full-time positions in
the Police Department. The respective ranges are
identified by number and salary steps within each
range by the letters "A" to "E" inclusive, The
columnar headings at the top of each column
establish the minimum length of service required
for advancement to the next higher salary step.
The salary schedule hereinafter shown is based on
forty (40) hours per week.
The salary schedule for each position
classification is indicated in Section 18 of
Appendix A and is attached hereto and made a part
hereof. Upon adoption of this resolution, the
wage increases, employee benefits and working
conditions contained in Appendix A are effective
upon the dates specified in Appendix A.
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The provisions of this resolution relating to
salary rates shall become effective as listed in
Appendix A.
~SED, APPROVED AND ADOPTED BY THE city counc~f the
~" Beach, at a meeting thereof held = the I!' day
//i~UAAr 1992, by the followi vote:
ES: Councilmembers
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Cal~forn~a,
do hereby certify that the~J~gOing Resolution is the original
co f Resolution Number on file in the office of the City
C erk, passed, approved and a opted by the City COUn;?~~f the
C ty Seal Beach at a mee~ng thereof held on the _ day of
, 19 :2:. .
NOES:
ABSENT:
City of
of
Councilmembers
Councilmembers
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SEAL BEACH )
SS
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Resolution Number #11';
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 ir.
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,
MANAGEMENT RIGHTS
section 1. Manaaement Riahts
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.
ADMINISTRATION
section 2. Administration
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. city recognizes Association'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
A.
'Resolution Number J//I~
C.
City in writing as to such representatives identity and
of subsequent appointments, if any. Association and city
agree that employees appointed or elected as Association
representatives shall be required to work full time.
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.
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RETIREMENT
section 3. Retirement
A.
The city provides the following
through the Public Employee's
(P.E.R.S.) :
retirement coverage
Retirement System
1. Retirement at Aae 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 proaram
Effective June, 1991, provides for allowances for
survivors of members as specified in Government
code sections 21380-213.88 at the highest level of
benefit available on July 1, 1990.
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3. Post-Retirement Survivor Allowance
Provides for continuance of post-retirement
survivor allowance to certain survivors as
specified in Government Code Sections 21263-
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 Aae 50 Retirement Formula
Provides for retirement benefits payable at age
fifty as specified in Gove~nment 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.
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7. Citv-paid Retirement Contribution
The City shall pay that portion of the affected
employees' retirement contribution that is equal to
nine percent (9%) of the affected employees' base
salary. funds paid in behalf of the employee will
continue to be deposited in the member's retirement
account,
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R~solution Number ~/t?
8. sick Leave Credit
Effective June, 1991, provides for service credit
at the rate of .004 years for each day of unused
sick leave per Government Code Section 20862,2,
9. Effective July 31, 1987, 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. 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.
City shall not pay premiums or accrue any fringe
benefits afforded with this section for any sworn
safety employee on leave of absence without pay, 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.
4.
6. No person who is eligible to receive workman I s
cmpensation benefits is eli.gible to receive
benefits from the City'S grou~ 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,
Effective no later than January 1, 1989, subject to
Public Employees I Retirement System (PERS) 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
$1.00 per each retired Seal Beach POA employee, should
the employee elect to participate in PERS medical
Resolution Number #11$
benefits with the cost of the city's contribution to be
increased each future year by 5% of City's contributio~
for current POA employee.
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
C.
D.
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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 at least equivalent to the plan offered by
PORAC 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. - ~edical Insurance for Retired Association Members
The City shall provide to any retired employee (either I
service or disability retirement 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) 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 thi~ monthly premium,
then an employee retiring at such time would be
entitled to a City payment equal to 95% of whatever
the group medical insurance premium cost is for an
employee and spouse, as it may from time to time
exist through that retired employee's lifetime.
2. The substantive nature and description of the group
medical insurance policy and the benefits
thereunder for the retired employee shall be
identical to the policy and benefits to which an
active employee is entitled. Therefore, it is
understood that the benefits to which a retired
employee is entitled pursuant to this MOU section,
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Resolution Number ~/;1
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 Police Officers'
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 I 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 requ~rements stated above for the
receipt of prem1um 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 I s expense; upon attaining age fifty
(50) such employee will be eligible for the
benefits of F.l to F.5.
H.
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 is eligible to receive workmen's
compensation insurance payments is eligible to receive
overlapping benefits (except life insurance) stated in
this section. city shall not make any monthly payment
Res~lution Number t./; /8
for premiums for any insurance benefit listed in this
resolution on behalf of or to any employee who has been
absent without authorization during said month or for any
employee who has terminated for any reason whatsoever or
who is on leave or absence without payor who is
suspended from duties without pay.
UNIFORM ALLOWANCE
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Section 5. 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.
OVERTIME
section 6. Overtime Compensation
A. Work Period
The work period for law enforcement personnel shall be
336 continuous hours (14 days).
B, Regular overtime
Overtime shall be paid at one and one half (1-1/2) times
the employees regular base hourly rate of pay for all
hours actually worked in excess of forty (40) hours
within the employees assigned work week.
c.
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overtime (FLSA)
premium pay at one and one half (1-1/2) of an employee's
regular rate of pay will be paid for all hours worked
over 86 in the work period.
D. All hours worked and rates of pay for FLA pay purposes
will be calculated in accordance with the Fair Labor
Standards Act and the regulations of the Wage and Hour
Administration.
E, Definition
In determining whether the employee has been deemed to
have worked forty (40) hours during a regular work week,
for the purpose of making the above computations, time
during which the employee is lawfully absent from duty as
a result of illness, injury for which sick leave time was
utilized, vacation, holiday or the use of compensatory
time off shall be considered as time deemed to have been
worked by him/her.
F. 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,
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2. 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
Resolution Number ~/Itf
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 exension of shift and will be
compensated at time and a half of his/her hourly rate.
COMPENSATORY TIME OFF
section 7. Comoensatorv Time Off - Exemot Emolovees
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A.
Compensatory Time Off (CTO) is defined as time off in
lieu of overtime pay and is earned the rate of 1-1/2
hours of CTO for one hour of overtime worked. CTO may be
granted by the City upon request by the employee. CTO
requires the prior approval of the employee's supervisor.
B. Employees covered by this agreement shall have the option
of designating overtime as either compensatory time or
overtime. Overtime is defined to be those hours worked
in excess of forty (40) in the assigned workweek for
which the employee receives a cash payment.
C. 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.
D. The maximum amount of compensatory time any full time
employee cove=ej.irl this agreement may accumulate is one
hundred and sl>tJ (160) hours.
E.
Any affected employee who accumulates in excess of One
Hundred and sixty (160) hours of compensatory time will
be reimbursed on the first pay period in December 1986,
for that amount in excess of One Hundred and Sixty (160)
hours. Effective July 1, 1987, any affected employee who
accumulates an excess of One Hundred sixty (160) hours of
compensatory time will be reimbursed on the second pay
period in July and on the first pay period in December of
each year for that amount in excess of One Hundred Sixty
(160) hours. All payments described herein shall be at
the employee's regular rate (as defined by the FLSA) at
the time of payoff.
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LEAVE BENEFITS
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.
. 2.
Annual vacation which is not used in anyone year
may be accumulated for use in succeeding years.
The limi~ ;~ &uch accumulation is fifty (50) hours.
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3. Employees ~'no 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.
4. If a legal City holiday occurs while an employee is
on vacation, such holiday time sh3ll not be
Resolution Number ~II)?
deducted from amount of vacation to which the
employee is entitled.
5. 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.
6. The vacation accumulation schedule is as follows:
Years
Service
Vacation
Hours
Earned
Hourly Accrual
Rate per Pay
Period - Bi-weekly
Maximum
Vac. Hrs.
Available
For Use
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1
2
3
4
5
6
7
8
9
10
11
12
15
120
120
120
120
120
128
136
144
152
160
160
160
160
4.615
4.615
4.615
4.615
4.615
4.923
5.231
5.539
5.486
6.154
6.154
6.154
6.154
120
120
120
120
120
120
128
136
144
152
160
160
160
7. Vacation Procedures
a. An employee may not earn more than one hundred
sixty (160) .hours per year in vacation time
regardless of length of service.
b.
Time requested must be sufficient to maintain
vacation time accumulated below the maximum
time allowed.
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B. Sick Leave
1. All full-time sworn probationary and permanent
Police Department employees shall earn sick leave
at the rate of ten (10) hours per month.
2. Upon honorable termination from city employment,
the following provisions shall apply (subject to
section 8B3 (a) below):
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.
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.
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a. Unit members 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 determined by the city.
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R~solution Number 41/fd
C. Bereavement Leave
1. All full-time, probationary, 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.
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
2.
1. All full-time sworn employees of the Police
Department shall be entitled to eleven (11)
compensated holidays per calendar year. Those
holidays are as follows:
New Year's Day (January 1)
Martin Luther King Day (3rd Monday in January)
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 ~ay (December 25)
One (1) Floating Holiday
2.
Full-time sworn Police Department employees who work the
5-2 shift by virtue of their job assignments shall accrue
eight (8) hours of pay at straight time for eacb holiday
in the pay period in which the holiday occurs. FUll-time
sworn employees who work the 4-3 shift by virtue of their
job assignments shall accrue ten (10) hours of pay at
straight time for each holiday in the pay period in which
the holiday occurs. This holiday pay shall be in
addition to those hours actually worked in pay period.
The city agrees to pay at the final rate of base hourly
compensation all accumulated holiday leave to employees
who terminate, who have one year's continuous service.
3. Weekend Holidays
Friday Holiday: Friday is a holiday when a
compensated holiday falls on Saturday.
Monday is a holiday when regular holiday falls on
Sunday.
EXTRA RANGE AMMUNITION
section 9. Extra Ranae Ammunition
The City shall provide one hundred (100) rounds of ammunition per
member of the Association per month to be used for range practice.
SPECIAL'i'Y' PAY
section 10. Soecialtv Pav
A. Experience Pay
Resolution Number 411119
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 I
sh~ll receive a ten percent (10%) increase above their
base salary. Any employee receiving experience pay shall
not be eligible to receive investigator, canine, or
hazard pay. New hires shall not become eligible to
receive experience pay until after satisfactory
completion of their probationary period. Any employee
currently receiving canine, hazard or investigatory pay
as such compensation is defined in section 10 of the
1985-86 MOU, shall continue to receive such pay for the
duration of their assignments in such positions or until
such individual is eligible for receipt of experience pay
as described above.
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
compensatory leave hours. Such time will be prorated for
actual time worked.
EDUCATION INCENTIVE
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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 16 units
in the field of Police Science shall receive the
following compensation in addition to their base salary:
Police Officer . .
Police sergeant
Police Lieutenant
. $82. DO/month.
. . $89.00/month.
. . .$100.00/month.
B. Employees covered by this section who have completed 60
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. DO/month.
.$148.00/month.
.$170.00/month.
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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:
:, Resolution Number t///8
Police Officer . .
Police Sergeant.
Police Lieutenant
.$186.00/month.
.$207.00/month.
.$240.00/month.
D. Only employees who e~~eQd the minimum qualifications required
by their respectivE' position descriptions are eligible to
participate in the Ed";cation 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.
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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.
DUES AND BENEFIT DEDUCTIONS
Section 12. Dues and Benefit Deductions
A. 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.
The city shall make payroll deductions for purposes of an
employee depositing funds or making payments direct~y to
a Federal Credit Union, providing that any deductions
shall not be less than two dollars and fifty cents
($2.50) on a b'. "'E'2kly basis.
B.
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FRINGE E~NEFITS ADMINISTRATION
section 13. Frinae Benefi~s Administration
A. Changes
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.
Limitations
B.
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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 arrangements to pay such costs
by authorized payroll deductions and/or cash payments to
City.
ANNUAL PHYSICALS
section 14. Annual Phvsicals
Unit members shall be P"'-:v; ded a physical exam periodically as
indicated below fOJ: the -urpose of detecting heart trouble and
cancer. The exam shall be given by a City appointed doctor who is
acceptable to the Associati.on. Cost of said physical exams are to
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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
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SCHEDULING
Section 15. Schedulina
Management assumes the right to schedule all sworn police personnel
as it deems necessary. Any changes which affect the employees'
conditions of employment is subject to the meet and confer process.
STANDBY
section 16. Standbv
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 for each standby weekend.
SEPARABILITY
section 17. ~eoarabilitv
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 I
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 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.
SALARIES
Section 18. Salaries
Listed below are the salaries of all affected employees which shall
become effective on June 17, 1992:
After 1 After 1 After 1 After 1
Yr. in Yr. in Yr. in Yr. in
Next Next Next Next
Lower Lower Lower Lower
step step step Step
A B C D E I
Officer 2876 3021 3170 3329 3497
Sergeant 3496 3672 3855 4049 4250
Lieutenant 4144 4353 4573 4800 5040
CONCERTED REFUSAL TO WORK
section 19. Concerted Refusal to Work
A.
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Res01utlon Number ~/g
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 subject to
the right to appeal to the Seal Beach civil Service
Board.
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.
C. This section shall terminate and have no continuing force
or effect beyond December 31, 1991 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.
B.
PAGER COMPENSATION
Section 20. paaer Comoensation
Effective August 1, 1986, 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 Section 7 above. Any compensatory time off
hours earned in accord with this Section 20, 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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MASTER MEMORANDUM OF UNDERSTANDING
section 21. Master Memorandum of Understandina
A. It is agreed that the Memorandum of Understanding is
considered to be a "Master" Memorandum of Understanding
which incorporates all previously agreed upon written
terms and conditions of employment of past Memorandums of
Understanding. ~his Memorandum of Understanding shall
not be modified prior to its expiration unless by mutual
consent of both parties.
Maintenance of Existing Benefits
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B.
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
Resolution Number tlll$
working conditions which are not detailed in writing but
which will be maintained under this agreement.
TERM
Section 22. Term
The term of this Memorandum of Understanding shall commence on
January 1, 1992 and shall continue through and including March 31,
1993.
IMPLEMENTATION
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section 23. 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
K
ASSOCIATION
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES
JERR~ CITY MANAGER 2~--'
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BOB-ARCHIBO ,ASSISTANT TO ~~~
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