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HomeMy WebLinkAboutCC Res 3795 1988-06-20 I RESOLUTION NUMBER 31'1~ 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. I 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. D, APPROVED AND ADOPTED BY THE City Councj,.l 91 Beach, at a meeting the of held on the ~ , 1988, by th ollowing vote: the Ci ty of day of NOES: ABSENT: Councilmembers Councilmembers Z 'nJ Councilmembers I Resolution Number .1~~ 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 t~~ng resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, ap ved and adopted by the City Council of the Ci~~ Seal Rea a regular meeting thereof held on the ~_ day of , 1988. I I I I I I Resolution Number ..:I?ff APPENDIX A tHIS MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN THE MANAGEMENT REPRESENTATIVE OF THE CITY OF SEAL BEACH, hereinafter referred to as "Kanagement" and THE SEAL BEACH POLICE OFFICERS ASSOCIATION, an association of Sworn Police Personnel hereinafter referred to as "Association." WHEREAS, Association petitioned City 1n accordance with provisions of Ordinance Number 769, and was grsnted certification as a recognized employee organization representing all sworn police department personnel 1n 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 1s defined 1n section 817 of the Penal code, to join or participate in employee organizations which sre 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 Kanagement 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. MA~AGEMENT RIGHTS Section I. Management Rights 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 Understandin~. Management and Association a~ree that rep1acemen: of personnel and their replacement rat~ i~ a mana~ement prerogative. Resolution Number ~~~~ ADMINISTRATION I 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 sny 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 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. C. Kanagement agrees that the recognized representatives of Association, not exceed six (6) in number shall be entitled to meet and confer with Kanagement during said recognized representatives' normal working hours without suffering any loss in pay while sbsent 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 RETIREMENT Section 3. Retirement A. The City provides the following retirement coverage through the Public Employee's Jetirement Syste~ (P.E.R.S.): l~ letirement at Age fifty 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 Program Provides for allowances for survivors of members as specified in Government code Sections 21380-21388. 3. post-Retirement Survivor Allowance Provides for continuance of post~etirement survivor allowance to certain survivors as specified in Government Code Sections 21263- 212631. I I I I , ,. Resolution Number 3?9S- 4. Additional Increase for Persons Retired or Deceased on/or Before . December 21, 1970 Provides for five percent (5%) increase of the .onthly allowance paid to a person retired or a member who died on or before December 31, 1970, as .pecified in the Government Code. . 5. Two Percent at Age 50 Retirement Formula Provides for retirement benefits payable at age fifty as specified in Government Code Section 21252.01. . 6. Active Military Service Credit Provides for service credit for up to four years of continuous military aervices as specified in Government Code Section 20930.3. The employee shall be required to pay the entire cost of this benefit. 7. City-Paid Retirement Contribution ~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. 8. Reference to specific Government Code aection is for ease of reference. Changes in any such Code sections ahall not alter vested benefits. 9. Effective July 31, 1987, the contract with the Public Employees' Retirement System shall be amended to include the computation of "final cOlDpensation" based upon the aingle highest year of annual compensation earnable by a member. (Gov. Code Section 20024.2) 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 Police Department 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. Police Department employees who change clasaification from full- time to part-time, hourly or seasonal,'shall not be eligible for these benefi ts. Resolution Number e5;r~~ 4. City aball Dot pay premiums or accrue any fringe benefits afforded witb tbis aection for any Police Department employee on leave of absence witbout pay, or for any Police Department employee who has terminated from City employment for any reason. I s. City shall not make any monthly premium payments on behalf of any police department employee who has been absent without authorization during said month. 6. No person who is eligible to receive workmen"s Co~pensation benefits is eligible to receive benefits from tbe City"s group medical insurance. 7. All full-time Police Department 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 City shall provide for eligible Police Department employees and said employee"s dependents a group bospital 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 bealth and dental insurance: -For single employees. . . . . . . . . . . $115/month. -For employee and 1 dependent . . . . . . . $242/month. -For employee and 2 or more dependents. . . $321/month. I Effective no later than January I, 1989, subject to Public Employees" 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 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. 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 Thou~and Dollars ($37,000), a double indemnity accidental death benefit, and a dependent death benefit in the amount of One Thousand Dollars ($I,OOO) pEr dependent. D. Income Continuation Insurance The City shall provide a group insurance plan for income continuation at I least equivalent to the plan offered by PORAe 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. I I I Resolution Number ~~~ .onthly 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 hss terminated for any reason whatsoever or who is on leave Dr absence without payor who is suspended from duties without psy. UNIFORM ALLOWANCE 'l\ 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 five hundred ($500.00) to be distributed in accordance with existing department practice and procedures. Effective July I, 1989, uniform allowance for eligible employees shall increase to six hundred ($600.00) annually. 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 sctually 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 ann 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 employees are required to make court appearances during off duty hours, the employee shall be guaranteed four (4) hours pay at the employees straight time hourly rate. Resolution Number ~1JP~ 2. Where employees are requ1red to be on call during off duty hours, for court appearance, the employee shall be guaranteed two (2) hours pay at the employee's atraight time hourly rste of pay for any on call t1me prior to 12:00 noon and two (2) hours for allan call time after the hour of 12:00 p.m. I COMPENSATORY TIME OFF Section 7. Compensatory Time Off - Exempt Employees 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. CTe requires the prior approval of the employee's aupervisor. B. Employees covered by this agreement ahall have the option of designating overtime as either compensatory t1me 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 CTe 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. I D. The maximum amount of compensatory time any full t1me employee covered in this agreement may accumulate ia 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 I, 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 ene 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's base hourly rate exclusive of any bonus or assignment differential. Vacation pay does not vest duriug tbe first year of employment. I I ~ Resol~tion Number ~~~~ E. Professional Counseling Service The City ahall cease paying for the membership of each Association member in the Occupational Health Services, Inc. Program sponsored by PORAC. However, and prior to cessation of payments on behalf of any individual Association member, the City ahall ascertain whether or not auch Association member or his family is currently being treated in accord with auch program and the City ahall continue to pay for such individual's membership (and/or family membership) in the program until such treatment terminates, but in no case later than the termination date of this Memorandum of Understandin~. F. Medical Insurance for Retired Association Members I I 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 aervice and has attained the age of fifty (SO) 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 auch retired employee's retirement is effective. Such percentage ahare of the premium cost ahall 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 apouse 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 auch 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 lifetim~. 2. The subs~antive 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 MOV section, can, and will almost certainly, vary from year to year dependin~ upon the nature and substance of medical insura~ce 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 pr~vision. Resolution Number ~~,,~ 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 auch participation shall cause the retired employee to receive lesser group medical insurance benefits than he or ahe would otherwise be entitled to as an active employee, nor shall such participation cause the retired employee's spouse to receive lesser benefits than such spouse would be eligible for if the retired employee were an active employee. 4. Any retiree receiving benefits as described herein may elect to continue medical coverage for dependents at his or her own expense. 5. Within thirty (30) days after meeting the eligibility requirements stated above for the receipt of premium payments by the City, the retired employee shall notify the City in writing whether he or she desires to participate in the group medical insurance program provided herein for retirees. If the retired employees fail to timely give such notice, any and all rights and benefitS provided this Section F ahall 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 I, 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.I to r.5. G. Benefit Limitations Part-time, hourly, seasonal, and/or provisions 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 1n 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 I I I Resol~tion'Number ~~- I . 2. Annual vacation which is not used in anyone Jear may be accumulated for use in aucceeding years. The limit of such accumulation is fifty (50) hours. 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 thsn allowed upon reaching their hire date anniversary. 3. . 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. 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. Vacation pay does not vest and no payments shall be made for accumulated vacation to employees who terminate employment prior to one year's continuous service, as a full time regular employee. I 6. The vacation accumulation schedule is as follows: Years Service Vacation Hours Earned Hourly Accrual Rate per Pay Period Bi-"'eekly_ 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 1 2 3 4 5 6 7 8 9 10 11 12 15 120 120 120 120 120 128 136 144 152 160 16(i 160 160 7. Vacation Procedures Maximum Vacation Hours Available For Use 120 120 120 120 120 120 128 136 144 152 160 160 160 a. An e~"loyee may not earn more than one hundred sixty (160) hours per year in vacation time regardless of length of service. I b. Vacatior. time muS: be requested by each emp1~yee between January 1 and February 28th of each year. Resolution Number .31~ I c. Time requested must be sufficient to ..intain vacation time sccumulated below tbe maximum time allowed. d. A first, second, and third choice of vacation time must be submitted. Vacation priority to be selected by seniority in each classification. e. Only one cboice may be between June 1st and September 15th. f. If all three vacation requests are refused, the employee must submit another request for vacation time off. g. If all three vacation requests are refused and an additional request is not f the employee concerned shall receive monetary compensation monthly for any excess vacation time accumulated. At no timed may any employee receive monetary compensation for more than ten (10) hours in anyone month. h. Monetary compensation shall be at the employee's current hourly rate of pay. i. Monetary compensation for vacation time shall not be taken from the police overtime fund. I 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 follo~ing provisions shall apply (subject to Section 8B3 (a) belo~): 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 (15) years of service ~ith the City ahall be paid for accumulated sick leave in the lesser amount of (i) twenty-five percent (25%) of his or her accumulated sick time at his or her final hourly rate, or (ii) two thousand five hundred dollars ($2,500). Accumulated sick leave sball not be used to postpone the effective date of retirement as determined by the CHy. I 3. Sick leave may b~ 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 I I I Resolution Number .:179r-. famUy. For the purpose of thh aection, "i_ediate famUy" 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. 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 famUy. 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, Itep-mother. step-father, foster father, sisters, brothers. spouse, children, grandparents, snd 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 ten (10) compensated holidays per calendar year. Those holidays are as follows: New Year's Day (January 1) Washington's Birthday (Third Honday in February) Hemorial Day (Last Honday in Hay) Independence Day (July 4) Labor Day (First Honday in September) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) The Calendar Day following Thanksgiving Day Christmas Day (December 25) One (1) Floating Holiday Effective January I, 1990. Hartin Luther King Day (Third Honday in January) will become a holiday, resulting in 11 compensated holidays per calendar year. 2. Full-time aworn Police Department employees who work the 5-2 shift by virtue of their job assignments ahall 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 ahift by virtue of their job assignments shall accrue ten (10) hours of pay at strai~ht 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 . Resolution Number ~i'~~ I bourly compensation all accumulated boliday leave to employees who terminate, who have one year"s continuous service. 3. Weekend Holidsys 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 Range 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. Specialty Pay A. Experience Pay Effective December I, 1986, all affected employees with a minimum of I 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 I, 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. B. Field Training Officers Field Training Officers shall be credited with one bundred fifty dollars ($150) for each full month of actual service as a Training Officer. such time will be prorated for actual time worked. I I I I Resoi~tion Number .J'?9S- . EDUCATION INCENTIVE Section II. Education Incentive trull-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 aection who have completed 45 semester units of college credit with at least 16 units in the field of police Science ahall receive the following compensation in addition to their base salary: police police police . . . . . . . . . . . . . $B2.00/month. . . . . . . . . . . . . S89.00/month. . . . . . . . . . . .$lOO.CO/month, officer Sergeant Lieutenant 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 !ollowing 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 . . . . . . . . . . . . .$186.00/month. police Sergeant ........... .$207.00/month. police Lieutenant .......... .$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 top Resolution Number ~i'9S; be represented association, who voluntsrily authorized the deduction in writing, on s form to be provided for this purpose which is .utuslly agreed to by the Association and the City. The City shall remit such funds to the Association within fifteen (15) days following the deductions. I B. The City shsll 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. Fringe Benefits Administration A. Changes The City ahall 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 by authorized payroll deductions and/or cash payments to City. I A.~~UAL PHYSICALS Section 14. Annual Physica}!_ 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 and Over Second Year following appointment Alternate years Every year I . . - Res6iuHon Number ~79,s-. SCHEDULING I Section IS. Scheduling Managellent aece..ary. subject to assumes the right to schedule all aworn police personnel as it deems Any changes which affect the employees conditions of employment is the meet and confer process. STANDBY Section 16. 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 compensatory time off for each standby weekend. SEPARABILITY Section 17. 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. I 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 PLSA requirements. SALARIES Section 18. Salaries Listed below are the salaries of all affected employees which shall become effective on July I, 1988: After 1 After 1 After 1 After 1 Yr. in Yr. in Yr. in Yr. in Next Next Next Next Lower Lower Lower Lower Class Class Class Class A B C D E Officer 2540 2669 2802 2942 3089 Sergeant 2883 3028 3182 3341 3507 I Lieutenant 3418 3590 3773 3960 4158 Resolution Number ~i1~ . Listed below are the salaries of all eligible employees which shsll become effective January I, 1989: I A B C D E Sergeant 2969 3119 3277 3441 3612 Lieutenant 3521 3698 3886 4079 4283 .1LaCed below are the salaries of all eligible employees which shall become .ffective July I, 1989: A B C D E Officer 2642 2776 2914 3060 3213 Sergeant 3088 3244 3408 3579 3756 Lieutenant 3662 3846 4041 4242 4454 Listed below are the salaries of all eligible employees which shall become effective January I, 1990: A B C D E Sergeant 3212 3374 3544 3722 3906 Lieutenant 3808 4000 4203 4412 4632 Effective January I, 1990, if the Consumer Price Index (CPI) for all urban wage earners and clerical workers for Los Angeles/Long Beach SMSA exceeds four percent (4%) for the twelve month period ending November 30, 1989, the Seal Beach Police Officers' Association will be granted a salary increase equal to the percentage that exceeds four percent (4%), if that percentage is more than .5 percent, but not to exceed 3.5 percent (3.5%). 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 stoppsge, slowdown, sick-in or other concerted refusal to work or induces other employees of the City to engage in such activities, auch employee ahall be aubject to discharge by the City, subject Co the holding in Shelly v. Scate Personnel Board and subject to the right to appeal to the Seal Beach Civil Service Board. B. In tbe event tbe Association calla, 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 limitstion of the peaceful performance of City services, the City ..y exercise any lawful remedies or disciplinary actions available to it regarding the Association. I I I I Resolu~t9~~Number ~~~~ form of interference with or limitation of the peaceful performance of City Bervices, the City .ay exerciae any lawful remedies or diBciplinary actions available to it regarding tbe ABBociation. -c. This Bection Bball terminate and have no continuing force Dr effect beyond June 30, 1990 even if a BUccessor Memorandum of Understanding 11 not Bgreed upon and even if the "meet and confer" procell regarding a auccessor Memorandum of Understanding is not concluded. PAGER COMPENSATION Section 20. 'ager 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 tbe 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 utili~ed 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 Understanding A. It is agreed that the Memorandum of Understanding is considered to be a "Haster" Memorandum of Understanding which incorporates aU 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. Kaintenance 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 they may have developed into working conditions which are not detailed in writing but which will be maintained under this agreement. TE~ Section 22. Term The term of this Memorandum of Understanding shall commence on July 1, 1986 and shall continue through and including June 30, 1990. Resolution Number ~1fS' IMPl.EKENTATION Section 23. Implementation ~a Memorandum of Underatanding is aubject to approval and adoption by the CSt1 Council and ratification of the required number of tbe duly authorized -lepreaentatives of the Asso~iation. following auch approval and adoption, the Memorandum of Understanding ahall be implemented by tbe appropriate reaolution(s), ordinance(s), or other written action of the City Council. SEAL BEACH POLICE OFFICERS ASSOCIATION . (Y\~ U~ CITY OF SEAL BEACH ~AGEHE~T REPRESENTATIVES ?-<7/7~- ( I. I I