HomeMy WebLinkAboutCC Res 3640 1986-09-08
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RESOLUTION NUMBER 3t:./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
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
Section 1.
Section 2.
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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.
SED, APPROVED AND ADOPTED BY THE City Council of the City of
1 Beac , a a meeting thereof held on the 811{! day of
, 1986, by the followi vote:
AYES:
NOES:
ABSENT:
ATTEST:
Councilmembers
Councilmembers
Councilmembers
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Resolution Number~~~
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:,~~egoing resolution is the original copy
of ResolutiJn Number ~on file in the office of the City
Clerk, passed, approved and adopted by the City Council of the
C~2f Seal Beach~ a regu~r meeting thereof held on the
- day of ,,~.. ,,~, 1986.
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" Jt.UI~~7h ( vO
~'Clty Clerk /
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Resolution Number ~~~~
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."
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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 tillle "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 organizationj 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.
I MANAGEMENT RIGHTS
Section 1. 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
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 pertsining to Association's business only.
Association shall not use any other bulletin board within City
facUities.
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.
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C. Management agrees that the recognized representatives of Association,
not exceed six (6) in number shall be entitled to meet and confer with
Management during said recognized representatives' normal working
hours without suffering any loss in pay while absent from the duties
for such purpose, providing that such time per person shall not exceed
two hours in anyone week. Management also agrees that such
representatives may utilize not more than six (6) hours per month or
seventy-two (72) hours per year without suffering any loss in pay for
such absence for the purpose of meeting with employees who are members
of Association and/or other offices of Associ&,ion.
Resolution Number ~WO
RETIREMENT
Section 3. Retirement
A. The City provides the following retirement coverage through the Public
Employee's Retirement System (P.E.R.S.):
1.
Retirement 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.
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2.
1959 Survivor Benefit Program
Irovides for allowances for survivors of members as specified in
Government code Sections 21380-21388.
3. Post-Retirement Survivor Allowance
Provides for continuance of post-retirement survivor allowance to
certain survivors as specified in Government Code Sections 21263-
212631.
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 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 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.
City-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.
8. Reference to specific Government Code section is for ease of
reference. Changes in any such Code sections shall 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 compensation" based upon the single 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.
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3. Police Department employees who change classification from full-
time to part-time, hourly or seasonal, shall not be eligible for
these benefits.
4. City shall not pay premiums or accrue any fringe benefits
afforded with this section for any Police Department employee on
leave of absence without pay, or for any Police Department
employee who has terminated from City employment for any reason.
Resolution Number ~t/O
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5. 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 Compensation
benefits is eligible to receive benefits from the City's group
medical insurance.
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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 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 . . . . . . . . . . . $115/month.
-For employee and 1 dependent . . . . . . . $242/lIlonth.
-For employee and 2 or more dependents. . . $321/month.
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
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.
D.
Income Continuation Insurance
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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'a monthly salary, up to a maxilllum 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.
E.
Professional Counseling Service
The City shall cease paying for the membership of each Association
lIlember in the Occupational ~ealth Services, Inc. Progralll sponsored by
PORAC. However, and prior to cessation of payments on behalf of any
individual Association member, the City shall ascertain whether or not
such Association member or his family is currently being treated in
accord with such program and the City shall continue to pay for such
individual's membership (and/or family melllbership) in the program
until such treatment terminates, but in no case later than the
termination date of this Memorandum of Understanding.
F.
Medical Insurance for Retired Association Members
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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 lIledical 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 lIledical 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
Resolution Number ~~(7
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 elllployee 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 ia entitled. Therefore, it is understood that
the benefita 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 frolll 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.
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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 elllployee 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 shall be deemed waived by such
elllployee. In the event that the retired elllployee 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.
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6. If any individual retires before reaching age fifty (50), the
individual shall have the option at his or her own expense, of
enrolling himself or herself and any dependents in said group
medical policy as it from time to time exists. Additionally, any
retired employee is employed on August 1, 1983 and who has
fifteen (15) or more years of consecutive City service, but has
not obtained the age of fifty (50), has the option of
participating in the City group hospital and medical insurance
plans, all at the employee's expensej upon attaining age fifty
(50) such employee will be eligible for the benefits of F.l to
F.S.
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 in this section.
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No elllployee 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 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 frolll duties without pay.
Resolution Number ~~~()
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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
five hundred ($500.00) to be distributed in accordance with existing
departlllent practice and procedures.
OVERTIME
Section 6. Overtime Compensation
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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. 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.
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F.
Court Time
1. Where elllployees 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.
2. Where employees are required to be on call during off duty hours,
for court appearance, the employee shall be guaranteed two (2)
hours pay at the employee's straight time hourly rate of pay for
any on call time prior to 12:00 noon and two (2) hours for all on
call time after the hour of 12:00 p.m.
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. 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.
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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
elllployment, whichever is the higher.
D. The maximum amount of cOlllpensatory time any full time employee covered
in this agreement may accumulate is one hundred and sixty (160) hours.
E. Any affected elllployee who accumulates in excess of One Hundred and
Sixty (160) hours of compensatory time will be reimbursed on the first
pay period in Dec~mber 1986, for that amount in excess of One Hundred
Resol uti on Number j/,l/o
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
1. Vacation leave is acculllulated 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 elllployee's base hourly
rate exclusive of any bonus or assignment differential. Vacation
pay does not vest during the first year of employment.
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A.
Vacations
2. Annual vacation which is not used in any 'one 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 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 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 terlllinate. 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 continuoua service, as a full time regular
employee.
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6. The vacation accumulation schedule ia as follows:
Years
Service
Vscation
Hours
Earned
Hourly Accrual
Rate per Pay
Period
Bi-Weekly
Maximum
Vacation Hours
AvaUable 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
7.
Vacation Procedures
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a. An employee may not earn more than one hundred sixty (160)
hours per year in vacation time regardless of length of
service.
b. Vacation tillle must be requested by each elllployee between
January 1 and February 28th of each year.
c. Tillle requested must be sufficient to maintain vacation time
accumulated below the maximum time allowed.
Resolution Number ,;J(,4o
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d. A first, second, and third choice of vacation time must be
submitted. Vscation priority to be selected by seniority in
each classification.
e. Only one choice may be between June 1st and September 15th.
f. If all three vacation requests are refused, the employee
must aubmit 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 1Il0nthly for any excess vacation time
accumulated. At no timed may any employee receive monetary
cOlllpensation for more than ten (10) hours in anyone 1Il0nth.
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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.
B. Sick Lesve
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):
a. Sworn unit members who have not completed fifteen (15) years
of service with City shall not be paid for any acculllulated
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 with the City shall 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). Acculllulated sick leave shall not be used to
postpone the effective date of retirement as determined by
the City.
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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
famUy. 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 sccumulated sick leave at their final rste 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
family.
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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 ten (10) compensated holidays per calendar year.
Those holidays are as follows:
Resolution Number~~~~
New Year'd Day (January 1)
Washington's Birthday (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Day (Decelllber 25)
One (I) 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 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.
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
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Section 10. Specialty Pay
A. Experience Pay
Effective December 1, 1986, all affected employees with a minimum of
ten (10) years of full time service as a sworn police officer with a
Municipal, County or State Police Agency meeting CALIFORNIA POLICE
OFFICERS' STANDARDS AND TRAINING COMMISSION standards or their
equivalent, shall be eligible to receive, upon receipt of an overall
satisfactory performance appraisal signed by the Chief of Police, his
designate, or an individual acting in his capacity, a five percent
(5%) increase in their base salary. Effective January 1, 1988,
eligible employees with twenty (20) years of full time service shall
receive a ten percent (10%) increase above their base salary. Any
elllployee 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 cOlllpletion
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
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Field Training Officers shall be credited with one hundred fifty
dollars ($150) for each full month of actual service as a Training
Officer. 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:
Resolution Number ~~~O
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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.
. . .$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:
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. .
. .
.$134.00/month.
.$148.00/month.
.$170.00/month.
Police
Police
Police
Officer . . . . . . . . .
Sergeant .......
Lieutenant ......
. . .
. .
. .
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 lIlinimum 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 prollloted 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.
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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
be represented 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. Fringe Benefits Administration
A.
Changes
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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 terlll 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 supplelllental pay, or the wages or salaries of said
elllployee during any unauthorized absence or during any period of time
Resolution Number;r~~l)
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 PhYSicals
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 I
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
SCHEDULING
Section 15. Scheduling
Management assumes the right to schedule all sworn police personnel as it
deems necessar/. Any changes which affect the employees conditions of
employment is subject to 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
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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.
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 August 1, 1986:
After 1 After 1 After 1 After 1 I
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 2242 2356 2474 2597 2727
Sergeant 2545 2673 2808 2949 3095
Lieutenant 3017 3169 3330 3495 3670
Effective August 1, 1987, all affected employees shall receive an increase to
their base salary equal to the percentage increase for urban wage earners and
clerical workers for the Los Angeles/Long Beach SMSA during the period June 1,
1986 through May 31, 1987 plus 3.4%. However, in no case shall any effective
employee receive a base salary increase in an amount less than 3.4%.
Resolution Number .:r~~"
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 Shelly v. State
Personnel Board and subject to the right to appeal to the Seal Beach
Civil Service Board.
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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 impedilllent 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 July 31, 1988 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.
PAGER COMPENSATION
1-
Section 20. Pager 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 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 Understanding
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
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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 wtich will be maintained under this agreement.
TERM
Section 22. Term
The term of this Memorandum of Understanding shall commence on August 1, 1986
and shall continue through and including July 31, 1988.
Resolution Number~D
IMPLEMENTATION
Section 23. Implementation
This Memorandum of Understandi~g 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 BE~ POLICE OFFICERS ASSOCIATION
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