HomeMy WebLinkAboutCC Res 3189 1982-07-29
RESOLUTION NO. ~
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.
lit THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
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 contitute 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, ~Ihich indicates "A" through "E" steps of each classified
position, in terms of a monthly salary rate for classified position,
in terms of a monthly salary rate for classified positions and the
effective dates of each, if any increases.
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.
PASS 0 APPROVED, AND ADOPTED by the City Council of t~ity of Seal
Beac , C lifornia, at a meeting thereof h ld on the ~~ day of
,198 by the fol ing vote:
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NOES:
ABSENT:
Counci lmembe
CO""il....'~
Counci 1 member
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^A~J DD__\.l, J~~d~"
Mayo r ..J,J
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Resolution Number
APPErmIX A
MEMORANDUM DF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN
THE MANAGEMENT REPRESENTATIVES OF THE
CITY DF SEAL BEACH, hereinafter referred
to as "Management"
and
THE SEAL BEACH PDLICE OFFICERS ASSOCIATIDN,
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 lias granted certlflcatlon as , recognIZed "",ployee
organization representIng all sworn police department personnel in accordance
with Government Code Section 3508 whIch states that: "... the governing
body may not prohibtt the right of its employees who are full time "peace
officers" as that tenn ts 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 organizatton."
~HEREAS, 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
wages, tours and tenns and conditions of employment in confonnance with
the terms. conditions and provisions of Ordinance Number 769 and State Law;
and
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WHEREAS, Association and the Management representatives have mutually agreed
to recommend to the City Council of the City of Seal Beach the tenns, conditions,
hours, and wages pertaining to employment with City for those employees
represented by Association, as set forth In this Memorandum of Understanding.
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Resolution Number
MANAGEMENT RIGHTS
Sect,on 1. Hanaqement Riqhts.
It is understood that the City reta,ns all of its rights and powers to direct
and control the business of the City to the fullest extent required 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 n~ 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 prerogat,ve.
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ADMINISTRATION
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Sect,on 2. Administrat,on.
A. C,ty shall provide a bulletin board in the following location:
Police Department. Said bul1et,n 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 c,ty facil,ties.
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 condit,ons 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. Management agrees that the recogn,zed 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 provid,ng that such time per person shall not exceed two (2) hours
in anyone week. Management also agrees that such representatives may
util,ze not more than six (6) hours per month to seventy-two (72) hours
per year without suffering any loss ,n pay for such absence for the
purpose of meeting with employees who are members of Association and/or
other officers of Association.
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RETIREMENT
SectIon 3.
RetIrement.
A. The City provtdes the following retirement coverage through
the Public Employee's Retirement System (P.E.R.S.):
1. Retirement at age fiftv
Provides for age 50 as minimum voluntary retirement age for
local safety members as specified in Government Code Sectton
20952.5.
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2. 1959 Survivor Benefit Program
Provides for allowances for survivors of members as specified
in Government Codes Secttons 21380 -21388
3 Post-Retirement SurvIvor Allowance
ProvIdes for continuance of post-retlrement 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 31. 1970.
Provi~es for five per cent (51) increase of the monthly
allowance paid to a person retired or a member who died on
or before December 31, 1970 as speCified in Government Code
Section 21222.1.
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5. Two percent at age 50 Retirement Formula
Provides for retirement benefits payable at age fifty as
specifIed in Government Code Sectton 21252.01.
6. Active Htlitary Service Credit
Provides for servIce credit for up to four years of contInuous
military service 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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RETl REMENT
7. CIty Paid Retirement ContrIbutIon
EffectIve August 1. 1982 the CIty shall pay that portIon
of the affected employees' retlrement contributIon that 1S
equal to nine percent (91) of the affected employees' base
salary. Funds paid in behalf of the employee wll1 continue
to be deposlted in the member's retIrement account.
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INSURANCE
Section 4. Insurance.
A. AdminIstration.
1. Part tlme. seasonal. and/or hourly employees and reserve
police officers shall not be eliglble for partIcIpatIon In
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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. provlded through the
Memorandum of Understanding. on the fIrst day of the next
suceeding month.
3. Police Department employees who chanqe classlflcatlon from
full tlme 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 Pollce Department employee
on leave of absence without pay, or for any Police Department
employee who has tenninated from CIty employment for any
reason.
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I1ISURANCE
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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
authorizat.on dur.ng said month.
6. No person who is el.gible to receive Workmen's Compensation
benef.ts is el.gible to receive benefits from the ctty's
group medtcal insurance.
7. All full t.me Pol.ce Department employees eltgible for the
health insurance benef.t plan are to be accorded the opportunity
to enroll their eligible dependents .n said plan.
B. Health Insurance
Clty shall provide for ellg.ble Pol.ce Department employees and
sa.d employee's dependents a group hospital and medlcal .nsurance
plan at least the equivalent of the present pol.cy the City now
offers the affected employees. C.ty shall pay the total cost of
the health insurance during the term of this Memorandum of
Understanding. Any health insurance premium increases shall be
assumed by said City.
C. Dental Insurance
City shall provide for and pay one hundred per cent (IDOS) of the
premtum cost of a dental program for the affected employee and
dependen3equal to-that which is now provided.
D. Life Insurance
Each affected employee shall be provided a one hundred per cen~
(lOGS) City paid term life insurance policy with a face value of
thirty seven thousand dollars ($37,000).
E. Income Cont.nuation Insurance
City shall provide a group .nsurance plan for income continuation
equivalent to the plan offered by Porac for eligible Police
Department employees. Said insurance to provide an income
continuation of one thousand four hundred dollars ($1,400) per month
or sixty-seven percent (67S) of employee's weekly salary, which ever
is lesser for a period of time not to exceed the length of injury
or illness.
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OVERTIME
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8. Payment of Overtime
Management agrees to pay paid overtime earned by members twice
each year, in a total sum. at the member's option. Payments to
be made June 1 and December 1. Compensation in the form of
Compensatory Time Off is optional. To participate in this plan.
member must notify the accountIng department by a ~ from the
Chief of Police no less than thirty (30) days prior to either
payment date.
C. Definition
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In determlnlng \/hether 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.
D. Court Time
1. Where employees are required to make court appearances
during off duty hours, the employee shall be compensated
at the rate of four (4) hours at the employees regular
base straight time hourly rate of pay. Any time spent
beyond four (4) hours shall be compensated at straight
time on an hour per hour basis.
2. Where employees are required to be on call during off
duty hours, for court appearance purposes, the employee
shall be compensated at the rate of two (2) hours at
the employee's regular base straight time hourly rate
of pay.
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INSURANCE
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Resolution Number-
F.
Benefits Ltmitations
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 thts Section. City shall not
make any monthly payment for premiums for any insurance benefit
listed in this resolution, or for uniform allowances, supplemental
pay of any type, and/or any type of bonus lIsted ,n th,s
resolution on behalf of or to any employee who has been absent
wtt~out 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.
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 dollars ($500.00) to be distributed in accordance
with existing department practice and procedures.
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OVERTIME
Section 6. Overtime Compensation.
A. Regular Overtime
Overtime shall be paid at one and one half (1-1/2) ttmes 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.
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Resolution Number
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LEAVE BENEFITS
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employees's base hourly rate exclusive of any bonus or
assignment differential.
2. Annual vacation which is not used in anyone year may be
accumulated for use in succeedIng years. The 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 hol,day time shall not be deducted from
amount of vacation to which the employee is entitled.
5. The 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. Payments shall not be made for
accumulated vacatIon to employees who terminate employment
prior to one year's continuous service, as a full tIme
regular employee.
6. The vacation accumulation schedule is as follows:
Years Vacation Hrs. Hourly Accrual Maximum
Service Earned Rate Per Pay Period Vacation Hrs.
Bi-weekly Available for
Use (up to 50
hrs accrued
vacation may also
be available)
I 1 120 4.615
2 120 4.615 120
3 120 4.615 120
4 120 4.615 120
5 120 4.615 120
6 12B 4.923 120
7 136 5.231 128
8 144 5.539 136
g 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
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COMPENSATORY TIME OFF
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Section 7. Comoensatorv TIme Off.
A. Compensatory time off (CTO) is defined as time off in-lieu of
overtime pay. CTO may be granted by the City upon request by
the employee. CTO required the prior approval of the employee's
supervisor. Compensatory time is earned at the rate of one and
one-half hours of compensatory time for one hour of overtime worked.
B. Employees covered by this agreement shall have the option of
designating overtIme as either compensatory time or overtime.
Overtime is defined to be those hours worked in excess of forty
(40) in the assigned workweek, for which the employee receives
a cash payment
C. The CIty agrees to pay all accumulated CTO to employees who
terminate, at the final rate of base hourly compensation.
D. The maximum amount of compensatory time any full time employee
covered in this agreement may accumulate IS one hundred and
sixty (1~0) hours.
E. On August 1. 1981 any affected employee who has accumulated
in excess of one hundred sIxty (160) hours of compensatory
time shall be reimbursed over a two year period ending July 31,
1983 for that time. Payment WIll be at the base rate of the
time off payoff. This payment will occur under the proviston
of item F in thIS Section.
F. Hereinafter, 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
will be at the base rate at the time of payoff.
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LEAVE 8ENEFITS
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
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Resolution Number
lEAVE BENEFITS
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7. Vacation Procedures
(a) An employee may not earn more than one hundred sixty
(160) hours per year in vacation time regardless of
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 ftrst, second, and third choice of vacation time
must be submitted Vacation priority to be selected
by senIorIty In each classlflcatlon.
(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 ttme may any
employee receive monetary compensati~n for more than
ten (10) hours in any one 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.
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8. 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, sworn
members of the Seal Beach Police Officer Association with
fifteen (15) years of service will be paid twenty five percent
(251) of his or her accumulated sick time at his or her final
hourly rate of payment of accumulated sick time shall not
exceed fifteen hundred dollars ($1,500) per employee.
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LEAVE BENEFITS
3. Sick leave may be utilized by any affected emoloyee to care
for ill dependents.
C. Bereavement Leave
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1. All full time, probationary, and permanent sworn Police
Department employees may have up to three (3) days 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, grand-
parents, and all degree of relatives not listed but living
within the household of the emoloyee.
D. Hollday Leave
1. Full tlme sworn Police Department employees who work the
twenty-four (24) hour rotatlon schedule that provides around
the clock coverage, shall be granted sixty-four (64) hours of
accumulated hol1day time each calendar year in lieu of holidays
they are required to work. Such employees shall earn holiday
leave at the rate of 2.154 hours per bi-weekly payroll period.
The Chtef of Police may schedule such t1me off in lieu of
holidays consistent with department work load and the best
personnel practices and scheduling practices. The Clty agrees
to pay at the final rate of base hourly compensation all
accumulated holiday leave to employees who tenninate, who have
one year's continuous service.
Full time sworn Police Department employees who work the
2.
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5-2 shift by virtue of their job asslgnments shall be granted
a total of eight (B) holidays.
New Year's Day (January 1)
Washington's Blrthday (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Veterans Day (Fourth Monday in October)
Thanksgiving Day (Fourth Thursday tn November)
Christmas Day (December 25)
A. total of eight (B) holidays annually.
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Friday Holiday
Friday IS a holiday When regular holtday falls on Saturday.
Monday Holiday
Monday is ~ holiday When regular holiday falls on Sunday.
EXTRA RANGE AMMUNITION
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Section g. Extra Ranoe Ammunition.
The City shall provide one-hundred (100) rounds of ammunition per member of
the Association per month to be used for range practice.
INVESTIGATOR BONUS
Section 10. Investioator Bonus
Full time sworn employees of the Police Department assigned to the
Investigation Diviston. shall receive fifty dollars ($50.00) per month above
their base salary during such assignment. Should such an employee serve
only a part of one month a prorated share of the bonus shall only be due.
EDUCATION INCENTIVE
Section 11.
Education Incenttve.
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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 tncentive program:
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 Intermedtate Certificate.
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EDUCATION INCENTIVE
C. Payment of a six percent (6%) bonus above the base salary
for completton 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.
DUES AND BENEFIT DEDUCTI~~S
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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
authortzed 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 C,ty shall remIt such funds to the AS50c,at,on
withIn fifteen (15) days following the deductions.
B. The City shall make payroll deducttons 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
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Section 13. Fringe Benefits Adminsistration.
A. Changp~
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 Deoartment 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 payment
to~~
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ANNUAL PHYSICALS
Section 14.
Annual Physicals.
Members of the Seal Beach Police OffIcers Association shall be provided a
p~slcal 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 p~sical 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.
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P~sical Exam Schedule:
A. New Employee
B. Employee under 40
C. Employee 40 and over
Second year following
completion of probation.
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 condttions of employment is
subJect to the meet and confer process.
STAND BY
Section 16.
Stand By.
Each affected employee who is assigned to the Detective Bureau and who is on
"stand by" weekend duty shall be provided four hours of compensatory time off for
each stand by weekend.
SEPARABILITY
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Section 17.
Separability.
If any proviSIon of the Memorandum of Understanding, or the applications of
such provision to any person or circumstance, 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.
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SAlARIES
Section 18.
Salaries.
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Listed below are the salaries of all affected employees which shall become
effective on August 1, 1982:
After stx After one After one After one
months in year in year in year in
next lower next lower next lower next lower
class class class class
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Police Officer 1,809 1,901 1,996 2,095 2,200
Police Sergeant 2,054 2,157 2,266 2,380 2,498
Police Lieutenant 2,434 2,557 2,686 2,821 2,961
Police Captain 2,762 2,900 3,045 3,196 3.356
r~STER MEMORANDUM OF UNDERSTANDING
Section 19.
Master Memorandum of Understanding.
A. It is agreed that the Memorandum of Understanding is considered to
be a "Haster" Memorandum of Understanding which incorporates all
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previously agreed upon written terms and conditions of employment of
past Memorandums of Understanding. This Memorandum of Understanding
shall not be modified p~ior to its expiration unless by mutual
consent of both parties.
B. Maintenance of Existing Benefits
Except as provided herein other terms and conditions of employment
presently enjoyed by employees represented by the Association shall
remain in full force and affect during the entire term of this
Memorandum of Understanding unless mutually a9reed to the contrary
by both parties hereto. Both parties understand that there are various
1tems that may have developed into working conditions which are not
detailed in writing but which will be maintained under this agreement.
TERM
Sect10n 20.
Term.
The term of this Memorandum of Understanding shall commence on August 1, 1982
and shall continue through and including July 31, 1983.
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IMPLEMENTATION
Section 21.
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.
Dated:
I) /;1ky
SEAL BEA H POLICE OFFICERS ASSOCIATION
Dated:
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