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HomeMy WebLinkAboutCC Res 3522 1985-09-23 RESOLUTION NUMBER :5~~ 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 DOES HEREBY RESOLVE: I Section 1. The salary schedule as shown on Section 18 of Appendix A attached hereto and made a part hereof for each salary range and/or hourly rate of pay 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. Section 2. The salary schedule for each position classification is indicated in Section 18 of Appendix A attached hereto and made a part hereof, which indicates "A" through "E" steps of each classified position. in terms of a monthly salary rate for classified positions and the effective dates of each. if any increases. I Section 3. The Memorandum of Understanding between the City of Seal Beach and the Seal Beach Police Officers' Association is indicated in 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. Section 4. The provisions of this resolution relating to salary rates shall become effective as listed in Appendix A. AYES: NOES: ABSENT: Counci lmembers CO'O'jlO'Ob"'~::' Councllmembers ~ PASSED. APPROVED AND ADOPTED by the City Councjlof the Cit Seal Beach at a meeting thereof held on the ~day of 1985. by the following vot I ATTEST: i Y Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo. City Clerk of the City of Seal Beach. California. do hereby certify that the foregoing resolution is the original copy of Resolution Number ~~alOlon file in the office of the City Clerk. pas d, approved and adopted by the City Council of the 0 City of S 1 Beach t a regular meeting thereof held on the q?~A~ day of . 1985. Q~...jf){ /2 ty Clerk . Resolution ~Iur:;ber ..J5.:l:L , ". APPENDIX A MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN THE MANAGEMENT REPRESENTATIVES 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." I 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 of such peace officers, which concern themselves 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." 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 I 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. 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 perogative. ADMINISTRATION Section 2. Administration. I A. City shall provide a bulletin board in the following location: Police Department. Said bulletin board to be available for the purpose of posting notices pertaining to Association's business only. Association shall not use any other bulletin boards within City facilities. B. City recognizes Association's right to appoint or elect representatives to meet and confer with City's Management represen- tatives 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 repre- sentatives shall be required to work full time. Resolution Number ~~ , " , . . ,,\. C. Management agrees that the" recognized representatives of Association. not exceeding 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 (2) hours in anyone week. Management also agrees that such representatives may utilize not more than six (6) hours per month to seventy-two 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 officers of Association. I RETI REMENT 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. 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-retirement survivor allowance to certain survivors as specified in Government Code Sections 21263-212631. I 4. Additional Increase for Persons Retired or Deceased on/or before December 31, 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 as specified in 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. 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. Section 4. Insurance. I A. Administration 1. Part-time, seasonal. and/or hourly employees and reserve police officers shall not be eligible for participation in insurance provided 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 classification from full-time to part-time. hourly or seasonal. shall not be eligible for these benefits. Reso 1 uti on !'Iuml)er Jf'.2.2. 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. 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 I 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 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 monthly amounts for health and dental insurance: Employee only Employee and one depndent Employee and two or more dependents $115.00 $242.00 $321.00 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). I D. Income Continuation Insurance City shall provide a group insurance plan for income continu- ation equivalent to the plan offered by PORAC for eligible Police Department employees. Said insurance to provide an income continuation of one thousand four hundred do1ars ($1,400) per month or sixty-six and two-thirds (66.67%) of employee's weekly salary. whichever is lesser, 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 pay for the membership of each association member in the Occupational Health Services. Inc. program sponsored by PORAC. 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. I 1983, and who has both fifteen (15) or more years of consecutive City service and has attained the age of fifty (50) the following group medical insurance benefits: 1. The City shall pay for such retired employee and spouse, the percentage of the group medical insurance premium (employee and one dependent) which is paid by the City on behalf of its active employees on the date that such retired employee's retirement is effective. Such percentage share of the premium cost shall remain unchanged throughout the lifetime of the retired employee, even though the percentage share of the group medical insurance premiums paid by the City to active employees, Resolution Number ~ '. -. ". may change from time to time. For example. if the group medical insurance premiums for an employee and spouse was $300 per month and if the City and the Association were to agree in the future that the City would pay $285 of this monthly premium. then an employee retiring at such time would be entitled to a City payment equal to 95% of whatever the group medical insurance premium cost is for an employee and spouse, as it may from time to time exist through that retired employee's lifetime. I 2. The substantive nature and description of the group medical insurance policy and the benefits thereunder for the retired employee shall be identical to the policy and benefits to which an active employee is entitled. Therefore, it is understood that the benefits to which a retired employee is entitled pursuant to this MOU section. can. and will almost certainly. vary from year to 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. I 3. In order to maintain eligibility for the group medical insurance benefits described herein, eligible retired employees shall participate. to the full 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 herin may elect to continue medical coverage for dependents at his or her own expense. . 5. Within thirty (30) days after meeting the eligiblity 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 fails to timely give such notice. any and all rights and benefits provided by this Section 4(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 4(f). and therefore, no future actions of the Association and/or the City shall diminish such payments received by the retired employee. I 6. If any individual retires before reaching age fifty (50). that 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 who 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 theCit.Y group hospital and medical insurance plans, all at he employee's expense; upon attaining age fifty (50) such employee ill e eligible for the benefits of F.l to F.5. Resolution Number ~..1 G. Benefits Limitations Part-time. hourly, seasonal. and/or provisional employees. volunteer firemen, reserve police personnel. and any City employee who is not employed on a continuous full-time basis shall not be eligible for benefits stated in this section. No employee who is eligible to receive Workmen's Compensation Insurance payments is eligible to receive overlapping benefits (except life insurance) stated in this Section. City shall not make any monthly payment 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 of absence without payor who is suspended from duties without pay. I 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 department practice and procedures. OVERTIME Section 6. Overtime Compensation. A. Work Period The work period for law enforcement personnel shall be 336 continuous hours (14 days). B. Regular Overtime Overtime shall be paid at one and one half(1-1/2) times the employees regular base hourly rate of pay for all hours actually worked in excess of forty (40) hours within the employees assigned work week. I C. Overtime (FLSA) Premium pay at one and one-half 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 FLSA pay purposes will be calculated in accordance with the Fair Labor Standards Act and the regulations of the Wage and Hour Administration. . E. Oefinition 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 useof compensatory time off shall be considered as time deemed to have been worked by him/her. F. Court Time I 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. 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 prlor to 12:00 noon and two (2) hours for all on call time after the hour of 12:00 p.m. I I I Resolution Number ~~~ , ~ COMPENSATORY TIME OFF Section 7. Compensatory Time Off - Exempt Employees. A. Compensatory time of (CTO) is defined as time off in lieu of overtime pay and is earned at the rate of It hours of CTO for one hour of overtime worked. CTO may be granted to employees exempt from the provisions of the Fair labor Standards Act. 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. Those employees not exempt from operation of the FlSA can accumulate no greater than six (6) hours of CTO per work period. D. The City agrees to pay all accumulated CTO to employees who terminate. at the employee's final rate of base hourly compensation. E. The maximum amount of compensatory time any full time employee covered in this agreement may accumulate is one hundred and sixty (160) hours. F. Any affected employee who accumulates in excess of one hundred sixty (160) hours of compensatory time will be reimbursed on the first pay period in December of each year for that amount in excess of one hundred sixty (160) hours. Payment shall be at the employee's base rate 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 during the first year of employment. 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 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 accu~:llated 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. Resolution r~u~:~..r JS2.:L 6. The vacation accumulation schedule is as follows: Years Vacation Hourly Accrual Maximum Service Hours Rate Per Pay Vacation Hrs. Earned Period Available for Bi-Week1y Use (Up to 50 hrs. Accrued Vacation May Also Be Available 1 120 4.615 120 2 120 4.615 120 I 3 120 4.615 120 4 120 4.615 120 5 120 4.615 120 6 128 4.923 120 7 136 5.231 128 8 144 5.539 136 9 152 5.846 144 10 160 6.154 152 11 160 6.154 160 12 160 6.154 160 13 160 6.154 160 14 160 6.154 160 15 160 6.154 160 7. Vacation Procedures a. An employee may not earn more than one hundred sixty (160) hours per year in vacation time regardless of length of service. b. Vacation time must be requested by each employee between January 1 and February 28th of each year. c. Time requested must be sufficient to maintain vacation time accumulated below the 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. I e. Only one choice 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 filed. the employee concerned shall receive monetary compensation monthly for any excess vacation time accumulated. At no time 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. 1. All ful1-tlme sworn probationary and permanent Police Oepartment employees shall earn sick leave at the rate of ten (10) hours per month. I B. Sick Leave 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 the 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 he City. I I I Resolution Number ~S:2e:L .., ~ , .. (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 ($2.500.00). Accumulated sick leave shall not be used to postpone the effective date of retirement as determined by he City. 3. Sick Leave may be used for illness or injuries which are not work related. Sick leave may also be utilized by any affected employee to care for ill or injured members of the immediate family. For the purpose of this section. "immediate family" shall be defined as it is for bereavement leave. (a) Unit members employed prior to July 1. 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 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 but 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 Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Veteran's Day (November 1) Thanksgiving Day (Fourth Thursday in November) Day after Thanksgiving Christmas Day (December 25) 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 swron employees who work the 4-3 shift by virtue of their job assignments hall accrue ten (10) hours of pay at straight time for each holida in he P8Y period in which he holiday occurs. This holiday pay shall be in addition to those hours actually worked in pay period. The City agrees to pay at the final rate of base hourly compensation all accumulated holiday leave to employees who terminate, who have one year's continuous service. 3. Weekend Holidays Friday Holiday: Friday is a holiday when a compensated holiday falls on Saturday. Monday is a holiday when regular holiday falls on Sunday. Resol uti on r;U1',l;er :Jf).2.2. EXTRA RANGE AMMUNITION Section 9. Extra Range Ammunltlon. The City shall provide one hundred (100) rounds of ammunition per member of the Association per month to be used for range practice. Section 10. Bonuses. A. Investigator Bonus All persons assigned to the position of Detective, Vice. Intelligence. Traffic Investigator except motor officers shall receive one hundred and ten dollars ($110.00) per month above their base salary during such assignment. Should such an employee leave. only a prorated share of the bonus shall be due. Those employees in the positions of adjutant to the chief, training sergeant and traffic sergeant on the effective date of this agreement shall receive this bonus so long as they remain in that position. I B. K-9 Bonus All unit employees assigned to the position of K-9 officer shall receive one hundred fifty dollars ($150.00) per month above their base salary during such assignment. Such bonus will be prorated if the employee leaves. C. Hazard Pay All full-time unit employees who are assigned to motorcycle duty shall receive one hundred fifty dollars ($150.00) per month above their base salary during such assignments. Such bonus will be prorated if the employee leaves. D. Field Training Officers Field Training Officers shall be credited with one hundred flfty dollars ($150.00) for each full month of actual service as a Training Officer. Such time will be prorated for actual t,me worked. I 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. Payment of a two percent (2%) bonus above the base salary for completion of 45 semester units of college credit with at least 16 semester units in the field of Police Science. B. Payment of a four percent (4%) bonus above the base salary for completion of 60 semester units of college credit with at least 19 semester units in the field of Police Science or attainment of a Post Intermediate Certificate. C. Payment of a six percent (6%) bonus above the base salary for completion of a Bachelors Degree from an accredited college with at least 22 semester units in the field of Police Science or attainment of a Post Advanced Certificate. I 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 the 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. I I I Resolution Number 3:r.;;.z ", 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 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. markmanship 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 payment 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 shall be submitted to the City as well the employee together with specifics of corrective treatment. Physical Exam Schedule: A. New Employee B. Employee under 40 C. 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 necessary. Any changes which affect the employees conditions of employemnt 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 Section 17. Separability. If any provision of the Memorandum of Understanding. or the applications of such provision to any person or circumstances, shall be held invalid, the remainder of the Memorandum of Understanding. or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Resolution Number .:1~:l. In addition. should the Fair Labor Standards Act (FLSA) be determined to be not applicable by either Congress, administrative tribunal or the courts. to the affected employees during the term of this agreement. changes made to become in compliance with the FLSA shall revert to all previous existing conditions. SALARIES Section 18. Salaries. Listed below are the salaries of all affected employees which shall become effective on August 1. 1985: 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 8 C D E Officer 2135 2244 2356 2473 2597 Sergeant 2424 2546 2674 2809 2948 Lieutenant 2873 3018 3171 3329 3495 Captain 3261 3424 3594 3713 3962 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 Shelly v. State Personnel Board and subject to the right to appeal to the Seal Beach Civil Service Board. I B. In the event the Association calls, engages in. encourages. assists, or condones in any manner, any strike, work stoppage. slowdown, sick-in or other concerted refusal to work by employees of the City or any unlawful picketing or work impediment in support thereof, or any other form, of interference with or limiation 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, 1986 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. MASTER MEMORANDUM OF UNDERSTANDING Section 20. 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 Except as provided herein other terms and conditions of employment presently enjoyed by employees represented by the Associat10n shall remain in full force and affect during the entire term of this Memorandum of Understanding unless mutually agreed to the contrary by both parties hereto. Both parties understand that there are various items that may have developed into working conditions which are not detailed in writing but which will be maintained under this agreement. I I I I Resolution Number .25".2,:l.. " h' TERM Section 21. Term. The term of this Memorandum of Understanding shall commence on August 1, 1985. and shall continue through and including July 31. 1986. IMPLEMENTATION Section 22. Implementation. This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification of the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s). ordinance(s). or other written action of the City Council. SEAL BEACH POLICE OFFICERS ASSOCIATION f4rj~/ 7(ulu .;:1 ~~~ CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES Dated: SUBJECT TO RATIFICATION BY CITY COUNCIL