HomeMy WebLinkAboutCC Res 3963 1990-07-09
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RESOLUTION NUMBER ~~h~
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
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
Section 1.
section 2.
section 4.
The salary schedule as shown 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.
The provisions of this resolution relating to
salary rates shall become effective as listed in
Appendix A.
APPROVED AND ADOPTED BY THE City counci~.Qf
Beach, at a meeting thereof held on the ~
following vote:
the City of
day of
NOES:
ABSENT:
ATTEST:
Councilmembers
Councilmembers
Councilmembers
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Mayor Pro.1empore
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II.
Resolution Number J9h3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne, M. Yeo, City Clerk of Seal Beach, California, do
hereby certify that th~19~egoing resolution is the original copy
of Resolution Number ~ on file in the office of the city
Clerk, passed, ap ro ed and adopted by the City Council of the
Ci~Of Seal Bea a regular meeting thereof held on the
_ day of , 1990.
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Resbl1.l.tion Number . .q<?605
APPENDIX A
THIS MEMORANDUM OF UNDERSTANDING IS BY AND BE~WEEN
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
condi t:ions, 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.
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
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. 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
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Resolution Number ~~d3
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 m~n~mum 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 21380-21388 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 (5t) 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 Government Code Section
21252.01.
7.
6. Active Militarv Service Credit
Provides for service credit for up to four years of
continuous military services as specified ~n
Government Code Section 20930.3. The employee shall
be required to pay the entire cost of this benefit.
citv-paid Retirement Contribution I
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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Resolution Number $bo.JJ
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.
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)
9.
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,
pro~ided 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 eligible to receive benefits
from the city's group medical insurance.
7. All full-time sworn safety employees eligiqle for
the health insurance benef it plan are to be accorded
the opportunity to enroll their eligible dependents
in said plan.
B.
Health and Dental Insurance
Effective 7/4/90, City shall provide for sworn safety
employees and said employee I s dependents a group hospital
and medical insurance plan at least the equivalent of the
present policy the city now offers the affected
employees. City shall pay up to the following amounts
for health and dental insurance:
For single employees . . . . . .
For employee & I dependent . . .
For employee & 2 or more dependents
$165/month.
$292/month.
$371/month.
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Resolution Number ~~
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 I, 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 I
$1.00 per each retired Seal Beach POA employee, should
the employee elect to participate in PERS medical
benefits with the cost of the City's contribution to be
increased each future year by 5% of city's contribution
for current POA 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.
D. Life Insurance
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 I
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. Medical Insurance for Retired Association Members
The city shall provide to any retired employee (either
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 I
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
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Resolution Number ...11&.i
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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 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 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'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.
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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.
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
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6.
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Resolution Number ~~
(50) such employee will be eligible for the benefits
of F.1 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 I
compensation insurance payments is eligible to 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 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
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 Comoensation
A.
Work Period
The work period for law enforcement personnel shall be
336 continuous hours (14 days).
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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. 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.
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
E.
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1. Where sworn safety employees are required to make court
appearance(s) and the entire appearance occurs during off
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Resolution Number ~~
2.
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
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. Compensatorv Time Off - Exempt Emplovees
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 covered in this agreement may accumulate is one
hundred and sixty (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.
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 I s base hourly rate exclusive
of any bonus or assignment differential. .
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Resolution Number ~~
2. Annual vacation which is not used in anyone year
may be accumulated for use in succeeding years.
The limit of such accumulation is fifty (50) hours.
3. Employees who must change their vacation date due
uo 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 shall not be deducted
from amount of vacation to which the employee is
entitled.
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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
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
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7. Vacation Procedures
a. An employee may not earn more than one hundred
sixty (160) hours per year in vacation time
regardless of l~ngth of service.
b. Time requested must be sufficient to maintain
vacation time accumulated below the maximum
time allowed.
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 I
(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
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Resolution Number ~~~
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, 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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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.
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 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 Day (December 25)
One (I) Floating Holiday
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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 each 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.
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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.
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EXTRA RANGE AMMUNITION
Section 9. Extra Ranqe Ammunition
The City shall provide one hundred (100) rounds of ammunition per
member of the Association per month to be used for range practice.
SPECIALTY PAY
section 10. Soecialtv pay
A. Experience Pay
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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. 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.
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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
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
.
. $82.00/month.
. $89.00/month.
.$lOO.OO/month.
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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:
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Resolution Number 039~
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
.$186.00/month.
.$207.00/month.
.$240.00/month.
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.
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.
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.
FRINGE BENEFITS ADMINISTRATION
Section 13. Frinae Benefits 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.
B.
Limitations
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
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Resolution Number .3tlh!:>
by authorized payroll deductions and/or cash payments to
City.
ANNUAL PHYSICALS
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.
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Physical Exam Schedule:
A.
B.
C.
New Employee
Employee under 40
Employee 40 & Over
Second Year following appointment
Alternate years
Every year
SCHEDULING
section 15. Schedulinq
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
I
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. Seoarabilitv
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 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.
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Resolution Number ~~
SALARIES
section 18. Salaries
Listed below are the salaries of all affected employees which shall
become effective on June 20, 1990:
After 1 After 1 After 1 After 1
Yr. in Yr. in Yr. in Yr. in
I Next Next Next Next
Lower Lower Lower Lower
Step step step Step
A B C 0 E
Officer 2737 2875 3018 3169 3328
Sergeant 3327 3495 3670 3854 4045
Lieutenant 3944 4143 4353 4569 4797
Listed below are the salaries of all affected employees which shall
become effective on September 26, 1990:
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 0 E
Officer 2792 2933 3078 3232 3395
Sergeant 3394 3565 3743 3931 4126
Lieutenant 4023 4226 4440 4660 4893
I CONCERTED REFUSAL TO WORK
Section 19. 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 subject
to the right to appeal to the Seal Beach Civil Service
Board.
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.
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C.
This section shall terminate and have no continuing force
or effect beyond June 30, 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.
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Resolution Number ~~~
PAGER COMPENSATION
Section 20. Paaer compensation
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 I
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.
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. 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 I
both parties hereto. Both parties understand that there
are various items thev "that" may have developed into
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 July
1, 1990 and shall continue through and including June 30, 1991.
Some salary adjustments shall commence on beginning payroll date
of June 20, 1990.
IMPLEMENTATION
section 23. 1mplementation
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 I
Council.
SEAL BEACH POLICE OFFICERS ASSOCIATION
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Resolution Number ~~~
CITY OF '66 BEACH MANAGEMENT REPRESENTATIVES
rJd~
BOB NELSON, CIT MANAGER 'U
~a~
BOB ARC IBOLD, ASSISTANT TO TY MANAGER
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