HomeMy WebLinkAboutAGMT - MOU Seal Beach Police Officers Association Reso 7555 SEAL BEACH POLICE OFFICERS
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
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Resolution 7555 - Exhibit B
ADOPTED: August 12,
2024
EXPIRES: June 30,2025
12542444.1 SE010-040
SEAL BEACH POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE I - RECOGNITION 1
Section 1. 1
Section 2. 1
Section 3. . 1
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS 1
Section 1. Dues and Benefit Deductions 1
Section 2. Other Deductions 2
ARTICLE III - CITY RIGHTS 2
Section 1. 2
Section 2. 3
ARTICLE IV - NON-DISCRIMINATION 3
Section 1. 3
Section 2. 3
ARTICLE V - COMPENSATION PLAN 3
Section 1. Basic Compensation Plan 3
Section 2. Advancement within Salary Grades 4
Section 3. Salary Increases Following Promotion 4
Section 4. Salary Decreases Following Demotion 5
Section 5. Adjustments of Salary Grades 5
Section 6. Salary and Benefits on Suspension 5
Section 7. Salaries during Term of Memorandum of Understanding 5
Section 8. Non-PERSable Lump Sum Payments During Term of
Memorandum of Understanding 6
ARTICLE VI - SPECIAL PAY PROVISIONS 6
Section 1. Uniform Allowance and Safety Equipment 6
Section 2. Temporary Assignment Pay 6
Section 3. Court Time 7
Section 4. Call-back 8
Section 5. Training Programs 8
Section 6. Educational Incentive Pay 8
Section 7. Stand-by Pay 9
Section 8. Experience Pay 10
Section 9. Movie Detail 11
Section 10. Bilingual Compensation 11
12542444.1 SE010-040 I
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION 11
Section 1. Administration 11
Section 2. Selection and Funding 12
Section 3. Limits 12
Section 4. Changes 12
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE 12
Section 1. Health Care Coverage 12
Section 2. Health Insurance Plan for Retirees 13
Section 3. Life Insurance Plan 14
Section 4. Disability Insurance Plan 14
Section 5. Annual Physical 14
ARTICLE IX - RETIREMENT 15
ARTICLE X - HOURS OF WORK 15
Section 1. Work Period 15
Section 2. Three-Twelve Work Schedule 16
ARTICLE XI - OVERTIME COMPENSATION 16
Section 1. Overtime Defined 16
Section 2. Compensation for Overtime 16
Section 3. Compensatory Time 16
Section 4. Overtime Reporting 17
ARTICLE XII - HOLIDAYS 17
Section 1. 17
Section 2. 17
Section 3. 18
Section 4. 19
ARTICLE XIII - VACATION 19
Section 1. Eligibility 19
Section 2. Accrual 19
Section 3. Maximum Accrual 20
Section 4. Use of Vacation 21
Section 5. Vacation Payment at Termination 21
Section 6. Vacation Accrual During Leave of Absence 21
Section 7. Prohibition Against Working for City During Vacation 22
12542444.1 SE010-040 2
ARTICLE XIV- LEAVES OF ABSENCE 22
Section 1. Authorized Leave of Absence Without Pay 22
Section 2. Bereavement Leave 22
Section 3. Military Leave of Absence 23
Section 4. (Intentionally Left Blank - RESERVED) 23
Section 5. Unauthorized Absence 23
Section 6. Catastrophic Leave 23
ARTICLE XV- JURY DUTY 24
Section 1. Compensation for Jury Duty 24
ARTICLE XVI - SICK LEAVE 25
Section 1. General Sick Leave Provisions 25
Section 2. Eligibility 25
Section 3. Accrual 25
Section 4. Accumulation and Payment 25
Section 5. Sick Leave During Vacation 26
Section 6. Extended Sick Leave 26
Section 7. Family Leave 27
Section 8. On The Job Injury 28
Section 9. Off The Job Injury 28
ARTICLE XVII - PROBATIONARY PERIODS 28
Section 1. Appointment Following Probation Period 28
Section 2. Objective of Probationary Period 28
Section 3. Employee Performance Appraisal 28
Section 4. Rejection of Probationary Employee 29
ARTICLE XVIII - LAYOFF PROCEDURES 29
Section 1. Policy 29
ARTICLE XIX - MISCELLANEOUS PROVISIONS 29
Section 1. Tuition Reimbursement 29
Section 2. Physical Fitness Program 30
Section 3 Health Wellness Program 31
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING 31
Section 1. 31
Section 2. 31
Section 3. 31
ARTICLE XXI - CONCERTED REFUSAL TO WORK 31
Section 1. Prohibited Conduct 31
Section 2. Association Responsibility 32
12542444.1 SE010-040 3
ARTICLE XXII - EMERGENCY WAIVER PROVISION 32
Section 1. 32
ARTICLE XXIII - SEPARABILITY 32
Section 1. 32
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS 32
Section 1. 32
ARTICLE XXV - MOU REOPENERS 32
Section 1. 32
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING 33
Section 1. 33
Section 2. 33
ARTICLE XXVII - RATIFICATION 33
Section 1. 33
EXHIBIT A 34
12542444.1 SE010-040 4
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY
OF SEAL BEACH AND
THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
ARTICLE I - RECOGNITION
Section 1. Pursuant to the provisions of the Employer-Employee Relations
Ordinance No. 769, as amended, the City of Seal Beach (hereinafter called the "City"
and/or "Employer" interchangeably) has recognized, for the purpose of this
Memorandum of Understanding (MOU), the Seal Beach Police Officers Association
("SBPOA" and/or "Association" interchangeably) as the majority representative of
the employees in the bargaining unit, which includes Police Department full-time
employees in the classifications and assignments of: a) Police Officer and b) Police
Corporal.
Section 2. The City recognizes the Association as the representative of the
employees in the classifications and assignments set forth in Section 1. above for
the purpose of meeting its obligations under this Memorandum of Understanding, the
Meyers-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules,
Regulations, or laws affecting wages, hours, and/or other terms and conditions of
employment are amended or changed.
Section 3. The City agrees that the representatives of Association, not to exceed
six (6) in number, shall be entitled to meet and confer with Management during said
representatives' normal working hours without suffering any loss in pay while
absent from their duties for such purpose, providing that such time per person shall
not be unreasonable. The City 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 represented by the Association and/or other officers of Association.
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER DEDUCTIONS
Section 1. Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all employees
represented by the Association for regular and periodic dues and benefit program
premiums. The Association shall certify to the City the names of employees who
have authorized membership dues deductions, any employee who declines
membership in the Association, and the amounts of dues deductions as they
change from time to time.
12542444.1 SE010-040 1
B. The City shall remit such funds to the Association within twenty-one
(21) calendar days following the deductions.
C. With regard to deductions under this Section 1, the Association
agrees to hold the City harmless and indemnify the City against any claims, causes
of actions, or lawsuits arising out of the deductions or transmittal of such funds to the
Association, except the intentional failure of the City to transmit to the Association
monies deducted from the employees pursuant to this Section.
Section 2. Other Deductions
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 ($2.00) on a bi-weekly basis.
ARTICLE III - CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively,
all rights of Management which have not been expressly abridged by specific
provisions of this MOU or by law in the exercise of its rights to manage the
business of the City, as such rights existed prior to the execution of this MOU. The
sole and exclusive rights of management, not abridged by this MOU or by law, shall
include, but not be limited to, the following rights:
A. To determine the nature, manner, means, technology, and extent of
services and activities to be provided to the public.
B. To determine and/or change the facilities, methods, technology,
means and size of the work force by which the City operations are to be conducted.
C. To determine and change the number of locations, and types of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract for any work or
operation.
D. To assign work to and schedule employees in accordance with
requirements as determined by the City, and to establish and change work schedules
and assignments.
E. To establish and modify employee performance standards and
productivity and performance programs including, but not limited to, quality and
quantity standards, and to require compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to
maintain order, safety, and efficiency in the City, its facilities and operations.
G. To determine policies, procedures and standards for the selection,
training and promotion of employees.
12542444.1 SE010-040 2
H. To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth in
departmental disciplinary procedure.
Section 2. Where the City is required to make changes in its operations because
of the requirements of law, or whenever the contemplated exercise of City Rights
shall impact the wages, hours, and other terms and conditions of employment of
the bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact and effects of the
contemplated exercise of such rights prior to exercising such rights, unless the matter
of the exercise of such rights is provided for in this MOU.
ARTICLE IV - NON-DISCRIMINATION
Section 1. The City and the Association agree that they shall not discriminate
against any employee because of race, color, sex, age, national origin, political or
religious opinions or affiliations or sexual orientation. The City and the Association
shall reopen any provision of this MOU for the purpose of complying with any final
order of the federal or state agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this MOU in compliance with
state or federal anti-discrimination laws.
Section 2. Whenever the masculine gender is used in this MOU, it shall be
understood to include the feminine gender.
ARTICLE V - COMPENSATION PLAN
Section 1. Basic Compensation Plan
A. All employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a
monthly base salary grade adopted by the City Council. The salary schedule shall
consist of five (5) steps within each grade.
B. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
normal entering salary step within the assigned grade upon the recommendation of
the Chief of Police and the approval of the City Manager when it is decided that such
action is in the best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at
the end of six (6) months of employment subject to the recommendation of the Police
Chief and approval of the City Manager.
D. The third, fourth, and fifth steps are merit adjustments to encourage an
employee to improve his work and to recognize increased skill on the job. Employees
are normally eligible for these adjustments at any time after the completion of
one (1) year of service at the preceding step. Each adjustment may be made subject
to the recommendation of the Chief of Police and approval of the City Manager.
12542444.1 SE010-040 3
Section 2. Advancement within Salary Grades
A. In order to properly compensate an employee, advancement in base
salary shall be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
C. The Chief of Police and/or the employees' immediate supervisor shall
be responsible to evaluate employees fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Chief of Police with approval of the City Manager.
D. An employee must be reviewed at least once every twelve (12)
months from the effective date of his last performance step increase, special
performance advancement or promotion. Nothing contained herein shall restrict the
Chief of Police from denying the increase after evaluation, nor shall it prevent him
from recommending special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
E. It shall be the responsibility of each supervisor to establish realistic
achievement levels for each step increase within a base salary grade.
Achievement levels may be formal or informal and shall be reviewed by the Chief of
Police for the purpose of maintaining uniformity of standards throughout the
department.
Section 3. Salary Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a
position with a higher base salary grade, the employee shall be compensated at a
step of the salary grade assigned to the new position that is closest to providing a
five percent (5%) salary increase over the monthly base salary received immediately
prior to promotion.
B. Temporary Appointment - In special circumstances, when in the best
interest of the City, the City Manager may approve a temporary assignment of an
employee to a higher-level classification. In such temporary assignments lasting
thirty (30) consecutive calendar days or more, the employee shall be compensated
at a step of the monthly base salary grade assigned to the new position that is
closest to providing a five percent (5%) salary increase over the monthly base salary
received immediately prior to the temporary appointment.
12542444.1 SE010-040 4
Section 4. Salary Decreases Following Demotion
In the case of a demotion of any employee represented by the Association
to a classification with a lower maximum salary, such employee shall be assigned
to the appropriate salary step in the new classification as recommended by the Chief
of Police and approved by the City Manager. The employee shall retain his previous
anniversary date.
Section 5. Adjustments of Salary Grades
When a salary grade for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing monthly
base salary adjusted to the same step in the new salary grade and their anniversary
date shall not be changed. For example, an employee at "C" Step in the old salary
grade shall be placed at "C" step of the new salary grade.
Section 6. Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee
shall forfeit all rights, privileges and salary, except he shall not forfeit his health plans
including dental, disability insurance, or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for loss
of income and benefits for any portion of the suspension that is disapproved.
Section 7. Salaries during Term of Memorandum of Understanding
The following salary grade increases shall be provided to employees
represented by the Association. The salary grade increases shall be effective
during the first full pay period in July of the following indicated years.
1) Effective the first full pay period beginning after July 1, 2023:
Position Grade Increase
Police Officer 27 2.5%
Police Corporal 29 2.5%
2) Effective the first full pay period beginning after July 1, 2024:
Position Grade Increase
Police Officer 27 2.5%
Police Corporal 29 2.5%
12542444.1 SE010-040 5
Section 8. Non-PERSable Lump Sum Payments During Term of Memorandum of
Understanding
The City shall make two (2) Non-PERSable lump sum payments of$2,000
each (subject to applicable withholdings) on the following dates, to each bargaining
unit members employed by the City on the date the payments are made. Payments
will be made on the following dates:
a. On the date that payroll is paid for the first pay period beginning after
this MOU is ratified by both the City Council and the membership of the
POA; and
b. On the date that payroll is paid for the first pay period beginning after
August 31, 2024.
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a traditional
uniform, shall receive an annual uniform allowance of one thousand three hundred
dollars ($1,300) effective the first payroll period following July 1st of each fiscal
year. An officer assigned as a motor officer shall receive an additional annual
uniform allowance of two hundred forty dollars ($240) effective the first payroll period
following July 1st of each fiscal year.
Beginning July 1, 2024, an employee, whether or not said employee wears
a traditional uniform, shall receive an annual uniform allowance of one thousand
three hundred dollars ($1,500) effective the first payroll period following July 1st
of each fiscal year. An officer assigned as a motor officer shall receive an additional
annual uniform allowance of three hundred dollars ($300) effective the first payroll
period following July 1st of each fiscal year.
B. The City shall provide the initial issue of uniforms to include two (2)
pants and two (2) shirts and utility equipment to include weapon, safety helmet,
baton, and other safety equipment as required by law or deemed necessary by the
City. The City shall replace and/or repair any equipment damaged within the course
and scope of the employee's employment. Recurring maintenance, repair and/or
replacement due to normal wear shall be the responsibility of the employee.
C. An employee assigned as a motor officer shall receive an initial issue
of required uniform items incident to such duty. Such items include, but are not
limited to: jacket, boots, gloves, and two (2) pair of trousers.
Section 2. Temporary Assignment Pay
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer
performing duties of a Field Training Officer for Regular Police Officer Trainees
shall receive one-hour compensation at straight time either as pay at employee base
hourly rate of pay or compensatory time off for each shift of recruit training. A shift
12542444.1 SE010-040 6
shall be understood to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible
employee performing the duties of a Field Training Officer for Voluntary Reserve
Officers shall receive one (1) hour compensation at straight time either as pay at
employee base hourly rate of pay or compensatory time off for each shift of recruit
training. A shift shall be understood to be six (6) or more hours.
C. Orange County Regional Lab Team —An officer assigned as an on- call
investigator in any specialty for the Orange County Regional Lab Team for the
purpose of responding to clandestine drug laboratories shall receive four (4) hours
compensation at (straight time) as either pay at employee base hourly rate of pay
or compensatory time off per month for being subject to callout.
D. The City shall provide a special assignment pay enhancement, which
recognizes multiple tours of duty to a maximum of five percent (5%) of base
salary as follows with the express understanding that the standard departmental
rotational requirements shall apply:
1. Special assignment pay may only be paid for one (1) position
and cannot be combined with any other positions (i.e. a detective currently
assigned to the SWAT team will only receive a total of five percent (5%) of base
salary special assignment pay at any one time
2. Special assignment pay lasts only through the term of the
assignment.
3. The following list of assignments shall be considered special
assignments:
a) Motorcycle Patrol Premium
b) Special Weapons and Tactics (SWAT)
c) Crisis Negotiator Team (CNT)
d) Detective Division Premium
e) Police Administrative Officer
f) Detention Services Premium
g) Rangemaster Premium
Section 3. Court Time
A. An employee called for a subpoenaed court appearance which arises
out of the course of his employment and not contiguous with his work shift shall be
compensated for a minimum of two-and-two-thirds (2-2/3) hours at the rate of one
and one-half (1-1/2) times the employee's base hourly rate of pay. Should the
appearance exceed two and two-thirds (2-2/3) hours, the employee shall receive pay
for the actual appearance time, including any designated lunch period where the
employee's appearance continues into the afternoon court session, at the rate of one
and one-half (1-1/2) times the employee's regular hourly rate of pay. Court
appearance time shall begin when the employee departs from the Police station to
12542444.1 SE010-040 7
go directly to Court.
B. Any appearance that is contiguous with a regular work shift is not
subject to the two and two-thirds (2-2/3) hours minimum. Any appearance that is
contiguous with a regular work shift is not subject to the one and one-half (1-1/2)
time rate unless the court appearance otherwise qualifies as overtime under this
MOU.
C. All employees agree to comply with the "on-call" policies
administered by the department. Should an officer be placed "on-call" during off
duty hours for court appearance(s), he shall be granted two (2) hours pay at the
employee's base hourly rate of pay for any on call time prior to twelve o'clock (12:00)
noon and two (2) hours for all "on-call" time after twelve o'clock (12:00) noon.
Section 4. Call-back
A. Employees who are called back to duty after having completed a
normal shift or work day assignment and departed from the work premises shall be
paid one and one-half (1-1/2) times the employee's base hourly rate of pay for each
hour worked on call-back. The number of hours calculated at one and one-half (1-
1/2) times shall not be less than four hours. Should a call-back exceed four (4)
hours, the employee shall receive pay for the actual call-back time, at the rate of one
and one-half (1-1/2) times the employee's regular hourly rate of pay. Call-back time
shall commence from the time the employee is called back to service.
B. Employees who are off duty and respond for departmental training,
qualification or meetings shall be compensated a minimum of two and two-thirds (2-
2/3) hours per incident. This time shall be calculated at one and one-half(1-1/2)times
the employee's base hourly rate of pay. Should the incident exceed two and two-
thirds (2-2/3) hours, the employee shall receive pay for the actual incident time, at
the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay.
Section 5. Training Programs
A. The City shall pay reasonable expenses incurred by employees
attending approved training programs. Expenses include registration fees and the
costs of purchasing required course materials, travel to and from the training course,
meals and lodging shall be reimbursed per the City's adopted Per Diem policy.
B. When an employee is sent by the City to a training program which is
not a part of his regular work schedule, the employee shall receive eight (8) hours
pay for each full day of training and such eight (8) hours pay shall be credited towards
the computation of overtime.
Section 6. Educational Incentive Pay
A. Employees covered by this section who have completed forty-five
(45) semester units of credit from an accredited college or university with at least
sixteen (16) units in the field of Police Science shall receive the following
12542444.1 SE010-040 8
compensation in addition to their monthly base salary:
Police Officer/Police Corporal $175/month
B. Employees covered by this section who have completed sixty (60)
semester units of credit from an accredited college or university with at least nineteen
(19) units in the field of Police Science or have attained a POST Intermediate
Certificate shall receive the following compensation in addition to their monthly base
salary:
Police Officer/Police Corporal $275/month
C. Employees covered by this section who have completed a Bachelor's
Degree from an accredited college or university with at least twenty-two (22) units in
the field of Police Science or have attained a POST Advance Certificate shall receive
the following compensation in addition to their monthly base salary:
Police Officer/Police Corporal $375/month
D. The above payment compensation shall be based on achievements
over and above the job requirements established in the position classification plan
for each classification. Payment to employees shall be based on the highest
achievement level only; e.g., employees with an Associate's and Bachelor's degree
will receive compensation for the Bachelor's degree only.
E. Employees receiving Educational Incentive Pay shall not lose that
pay if they are promoted to a classification which requires the education for which
the employee is receiving the additional pay. If the minimum educational
requirements are lawfully changed during the term of the MOU, employees receiving
educational incentive pay will not be affected by such change and will not suffer any
loss of such incentive pay.
F. All payments under this Section are subject to verification and
approval by the City Manager.
Section 7. Stand-by Pay
A. Detective Supervisor(s) may be assigned by the Chief of Police to
"stand-by" status.
B. Detective Supervisors who are specifically assigned to respond,
twenty-four (24) hours per day, to incidents shall receive eight (8) hours of
compensatory time off per month. During any such month where the employee is
so assigned 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 the employee was so assigned. Such compensatory time off hours shall be
maintained in an account separate from and in addition to compensatory time off
hours described in Article XI, Section 3. Any compensatory time off hours earned
in accord with this Section, and not utilized by July 31st of any year shall be forfeited
12542444.1 SE010-040 9
effective July 31st of any year and not converted to cash.
C. Each affected employee who is assigned to the Detective Bureau and
who is on "stand-by" weekend duty shall be provided two (2) hours (at straight time)
of compensatory time off or pay at employee base hourly rate of pay per each
weekend day. "Weekend" is described as Saturday, Sunday or any holiday
preceding or following the weekend day, in the absence of any normally assigned
detective.
Section 8. Experience Pay
For Employees Hired On or Before June 30, 2010:
A. Employees represented by the Association with fulltime service as a
sworn peace officer with a Municipal, County or State Police agency meeting POST
standards, or their equivalent, shall be eligible to receive experience pay as set out
below.
B. Experience Pay shall be as follows:
1 . At ten (10) years of service, experience pay shall be paid at a
rate of five percent (5%) of the qualified employee's monthly base salary.
2. At twenty (20) years of service, experience pay shall be paid
at a rate of ten percent (10%) of the qualified employee's monthly base salary.
3. At twenty-five (25) years of City of Seal Beach sworn peace
officer service (only service with the City of Seal Beach shall apply), experience pay
shall be paid at a rate of fifteen percent (15%) of the qualified employee's monthly
base salary.
4. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty (20) years of qualifying service stops
receiving the five percent (5%) level of experience pay and begins receiving only the
ten percent (10%) level of experience pay. Such an employee does not receive both
the five percent (5%) level and the ten percent (10%) level, at the same time.
For Employees Hired On or After July 1, 2010:
A. Employees represented by the Association with full-time service as a
sworn peace officer with the City of Seal Beach shall be eligible to receive experience
pay as set out below.
B. Experience pay shall be as follows:
1. At ten (10) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of five percent (5%) of the qualified
employee's monthly base salary.
12542444.1 SE010-040 10
2. At twenty (20) years of City of Seal Beach sworn peace
officer service, experience pay shall be paid at a rate of ten percent (10%) of the
qualified employee's monthly base salary.
3. At twenty-five (25) years of City of Seal Beach sworn peace
officer service, experience pay shall be paid at a rate of fifteen percent (15%) of the
qualified employee's monthly base salary.
4. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching twenty(20)years of service as a sworn peace officer
with the City of Seal Beach, stops receiving the five percent (5%) level of experience
pay and begins receiving only the ten percent (10%) level of experience pay. Such
an employee does not receive both the five percent (5%) level and the ten percent
(10%) level, at the same time.
Section 9. Movie Detail
Unit employees shall be paid 1.5 times their regular rate of pay for outside
movie details. It is understood that time spent on movie details is brokered outside
work and is not considered time worked for the purpose of calculating City overtime
compensation.
Section 10. Bilingual Compensation
Upon the recommendation of the Chief of Police, the City Manager may award
a bilingual compensation bonus of fifty-two dollars and fifty cents ($52.50) per payroll
period to an officer utilized by the Department for his/her bilingual skills. The City
Manager shall require the taking of competency tests to certify the employee as
eligible for bilingual compensation based on the employee's proficiency in speaking
the language determined to be required. Such certification shall be a condition
precedent to qualifying for bilingual compensation.
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any
fringe benefit programs that now exist or may exist in the future during the term of
this MOU unless otherwise specified within this MOU.
Any changes in benefits associated with a change in insurance carrier or
administrator may only be accomplished during the term of the MOU by agreement
of the parties, except in cases of emergency. In an emergency, the City may make a
change in order to avoid loss of coverage for employees, and subsequently negotiate
impacts and effects.
12542444.1 SE010-040 11
Section 2. Selection and Funding
In the administration of the fringe benefit programs, the City shall have the
right to select any insurance carrier or other method of providing coverage to fund
the benefits included under the terms of the MOU, provided that the benefits of the
employees and affected retirees shall be no less than those in existence as of
implementation of this MOU.
Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee on unpaid leave status, for more than fourteen (14)
consecutive calendar days, unless specifically provided for within this MOU,
authorized by the City Manager or otherwise provided for by federal or state "Family
Leave Acts" and/or"Workers Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee who has been absent without authorization during
said month, suspended without pay, or who has terminated from City employment
unless specifically provided for within this MOU.
C. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee when such premiums or fringe benefits are provided
to the employee through Workers Compensation and/or the Disability Insurance
Plan.
Section 4. Changes
If, during the term of this MOU, any changes of insurance carrier or method
of funding for any benefit provided hereunder is contemplated, the City shall notify
the Association prior to any change of insurance carrier or method of funding the
coverage.
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE
Section 1. Health Care Coverage
A. "Health Care Coverage." The City shall contribute an equal amount
towards the cost of Health Care coverage under PEMHCA for both active
employees and retirees. The City's contribution toward coverage under PEMHCA
shall be the minimum contribution amount established by CaIPERS on an annual
basis. Effective January 1, 2024 the City's contribution under PEMHCA shall be
one hundred fifty-seven dollars ($157), and may be changed by CaIPERS each
year.
The City shall implement a full flex cafeteria plan for eligible employees in
accordance with the criteria provided to the employees during negotiations. For
12542444.1 SE010-040 12
employees participating in the City's full flex cafeteria plan, each employee shall
receive a monthly flex dollar allowance to be used for the purchase of benefits
under the full flex cafeteria plan.
Beginning January 1, 2024 the monthly flex dollar allowance shall be:
Calendar Year 2024
For single employees: $1,166.99
For employee +1 dependent: $1,803.38
For employee + 2 or more dependents: $2,332.12
A portion of the flex dollar allowance ($157 in 2024) is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
change as the PEMHCA minimum contribution increases. Remaining flex dollars
will be used by employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS)
administration requirements, the City shall make available to eligible employees
participation in the group Health Care plans offered by PERS.
C. Employees who elect not to participate in the full flex cafeteria plan may
receive three-hundred and fifty dollars ($350) per month (upon showing proof of
group health insurance coverage (not including insurance through Covered
California or other exchange) for the employee and their immediate tax family
providing minimum essential coverage. Election forms are available in Human
Resources and must be completed annually in order to receive the opt out payments.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any retired employee (either service or
disability), who is hired after August 1, 1983 and on or before December 31, 2007,
and retires after December 31, 2009, and who has attained the age of fifty (50) the
following group health care insurance benefits:
1. If the employee has fifteen (15) or more years of full-time City
of Seal Beach service, the City shall pay for such retired employee at the rate of (a)
the average of the two (2) lowest cost health care plans offered by CaIPERS, or (b)
the CaIPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a)
the average of the two (2) lowest cost Medicare supplement plans offered by
CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare supplement plan, whichever
is greater.
2. If the employee has twenty (20) or more years of full-time City
of Seal Beach service, the City shall pay such retired employee and one
dependent, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
12542444.1 SE010-040 13
care plans offered by CalPERS, or (b) the CaIPERS Kaiser HMO, whichever is
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CaIPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
3. If the employee has twenty-five (25) or more years of full-time
City of Seal Beach service, the City shall pay such retired employee and dependents,
depending on the qualified dependent status, the group health care insurance
premium at the rate of (a) the average of the two (2) lowest cost health care plans
offered by CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater.
When the retired employee becomes Medicare eligible, the City's contribution will be
capped at the rate of(a) the average of the two (2) lowest cost Medicare supplement
plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare supplement
plan, whichever is greater.
B. The City shall provide to any retired employee (either service or
disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or
more years of full-time City of Seal Beach service and has attained the age of fifty
(50) the following group Healthcare insurance benefits:
The City shall contribute the minimum PEMHCA rate as determined by
CaIPERS.
Section 3. Life Insurance Plan
The City shall pay one hundred percent (100%) of the premium for a term
life insurance policy with a face value of seventy-five thousand dollars (
$75,000), double indemnity accidental death benefit and a dependent death
benefit in the amount of one thousand dollars ($1,000) per dependent.
Section 4. Disability Insurance Plan
The City shall pay one hundred percent (100%) of the premium for the
"employee's" long-term disability insurance plan with an income continuation of not
less than sixty-six and two-thirds percent (66-2/3%) of the employee's monthly base
salary subject to caps and eligibility requirements as set forth within the policy of the
accepted carrier. Modifications to the plan shall be made only after the City has
met and consulted with the Association.
Section 5. Annual Physical
The City shall provide 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 physician who is acceptable to the Association. Cost of said physical
exam shall be borne by the City. The resulting diagnosis shall be submitted to the
12542444.1 SE010-040 14
City as well as the employee together with specifics of corrective treatment.
Physical Exam Schedule:
1. New Employee Second year following appointment
2. Employee under 40 Alternate years
3. Employee 40 & over Every year
ARTICLE IX - RETIREMENT
A. The City shall make contributions to the CalPERS plan known as
three percent (3%) at fifty (50) with those benefit options as provided for in the
contract between the City and CaIPERS for employees defined by the Public
Employees' Pension Reform Act (PEPRA) as "classic members" (meaning those
persons who were members of CalPERS or a reciprocal California public pension
plan as of December 31, 2012).
B. New employees/members hired on or after January 1, 2013 as
defined by PEPRA will be hired at the retirement formula in accordance with PEPRA
and other legislation. New members entering membership for the first time in a
Police Safety classification shall be eligible for the two point seven percent (2.7%) at
fifty-seven (57) retirement formula for Local Safety members. The employee
contribution for new members shall be one-half the normal cost, as determined by
CaIPERS. In no event shall the City make contributions to the CalPERS plans for
new members.
C. Modification(s) to the contract shall be made only after the City has met
and consulted with the Association and such modification(s) made a part of the
contract between the City and PERS consistent with the requirements of CalPERS.
ARTICLE X - HOURS OF WORK
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the
Fair Labor Standards Act) shall be three hundred thirty-six (336) contiguous hours
fourteen (14) consecutive days). All full-time law enforcement personnel shall be
regularly assigned one of the following work schedules:
1. "Three-Twelve" - three (3) consecutive three (3) day work
weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days
followed by a four (4) day work week consisting of three (3) twelve (12) hour and
twenty (20) minute work days and one (1) twelve (12) hour work day.
2. "Four-Ten" - a work week consisting of ten (10) hours/day, four
(4) days/week.
3. "Five-Eight" - a work week consisting of eight (8) hours/day,
12542444.1 SE010-040 15
five (5) days/week.
Section 2. Three-Twelve Work Schedule
A. The standard work week shall be thirty-seven (37) hours or forty-nine
(49) hours depending on the number of days worked in a work week pursuant to A.1.
above.
B. For PERS reporting purposes, the nine (9) hours worked over forty (40)
during the forty-nine (49) hour work week of the work period will be considered
regular straight time hours for the intention to report forty (40) hours of regular
hours during a work week.
ARTICLE XI - OVERTIME COMPENSATION
Section 1. Overtime Defined for Eligible Law Enforcement Personnel
A. Three-Twelve Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
B. Four-Ten Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
C. Five-Eight Work Week: Time worked in excess of eighty-six (86)
hours in a FLSA work period as defined in Article X, Section 1. or time worked on
scheduled days off.
Section 2. Compensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in pay or
compensatory time at the rate of one and one-half (1-1/2) times the base hourly
rate of pay.
B. In computing overtime for a work period, time absent from duty as a
result of use of sick leave, vacation, holiday or compensatory time off shall not be
considered as time deemed to have been worked.
Section 3. Compensatory Time
A. Employees may elect to receive compensatory time in lieu of pay for
overtime subject to B. and C. below.
B. Should an employee desire to take compensatory time off, he shall
file a written request with the Chief of Police who shall grant time off unless it
interferes with the normal operation staffing of the police department.
C. Employees shall be permitted to accumulate a maximum of seventy-
12542444.1 SE010-040 16
five (75) hours of compensatory time. An employee who has accumulated seventy-
five (75) hours of compensatory time will be reimbursed within the pay period
earned for any overtime in excess of seventy-five (75) hours maximum.
D. An employee may, upon written request submitted to and approved
by the City Manager, receive reimbursement for the requested number of hours of
accumulated compensatory time equal to or below the cap of seventy-five (75)
hours. Reimbursement shall occur with the next regular payroll following the pay
period in which the employee's written request has been approved by the City
Manager.
Section 4. Overtime Reporting
In order for an employee to earn compensation for overtime, he must
receive the supervisor's or the Chief of Police's approval. Overtime worked to meet
an emergency situation does not require advance approval, but shall be certified by
the Chief of Police before being credited to the employee's record.
ARTICLE XII - HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans' Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year's Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents' Day (3rd Monday in February)
Memorial Day (Last Monday in May)
Section 2. Floating Holidays
The date on which a floating holiday will be used may be individually
selected by the employee subject to the approval of the Chief of Police. Approval
will not normally be granted if it would require the Department to backfill the
employee's position at time-and-one-half (1-1/2) to maintain necessary
staffing/deployment levels. A floating holiday cannot be used on any of the
designated holidays recognized by the City or on another floating holiday. To
request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave/overtime and special pay report". Beginning in
December, 2024 and each December thereafter, floating holidays may be cashed
out only pursuant to the irrevocable election process described in Article XIII,
Vacation.
12542444.1 SE010-040 17
The past practice of the City in permitting the stacking of floating holidays is
specifically eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a
Holiday. When a holiday falls on a day that the employee performs no work
(whether the day is the employee's scheduled work day or not), the employee
shall be paid twelve and one third (12.33) hours of holiday pay for the holiday, at
the employee's regular hourly rate of pay. The "regular hourly rate", for purposes of
holiday pay, includes base pay plus the hourly equivalent of the following eligible
special compensation for the employee, longevity, POST, temporary assignment,
standby, bilingual, shift differential, and cafeteria cash in-lieu (including any cash
payments for opting out).
To the extent that the parties omitted from the list above any elements of the
FLSA regular rate, the parties shall promptly meet and confer for the purpose of
amending the list of included items to replicate the FLSA regular rate. The parties'
intent of creating the list above in this MOU is to comply with CaIPERS
requirements, not to change the manner of paying holiday pay.
B. Compensation for a Holiday when Work is Performed on a Holiday.
When a holiday falls on a day that the employee performs work (whether the day
is the employee's scheduled work day or not), the employee shall be paid as
follows:
1. If the holiday is Independence Day, Thanksgiving Day,
Christmas Day, or New Year's Day the employee shall be paid "hardship" pay as
follows:
a. Twelve and one third (12.33) hours of holiday pay for
the holiday, at the employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this MOU
for such work hours, and
c. Pay for the number of hours of work the employee
actually performed on the holiday, at the employee's base hourly rate of pay.
Example 1: Officer A works six (6) hours on Christmas Day. Officer A
would earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as
12542444.1 SE,010-040 18
applicable under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving
Day, Christmas Day, or New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for
the holiday, at the employee's regular hourly rate of pay as per Section 3A, and
b. Pay for the number of hours of work the employee
actually performed on the holiday, at the rate of pay otherwise specified in this MOU
for such work hours.
Example 2: Officer B works 8 hours on Veterans' Day. Officer B would
earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as
applicable under MOU
C. The past practice of the City paying hardship holiday pay to an
employee on a designated hardship holiday when in fact said employee did not
work on the designated hardship holiday is specifically eliminated by the above
language.
Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non-
FLSA compensatory time at the rate of one hour of hardship pay converting to
one hour of time off or to one hour of non-FLSA compensatory time.
ARTICLE XIII -VACATION
Section 1. Eligibility
All regular full-time employees having completed one (1) year of continuous
service with the department and annually thereafter, shall be eligible for a paid
vacation at their then existing rate of pay.
Section 2. Accrual
A. Vacation leave is accumulated yearly and is computed on the basis
of the employee's hire date as a regular full-time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the date
of initial employment as a full-time probationary or regular employee to the
anniversary date concluding the full year of the designated year.
12542444.1 SE010-040 19
C. All eligible unit employees hired after February 1, 1998 will accrue
vacation leave by the following schedule:
Years Of Hours Max. Hourly Accrual Annual
Service Earned Rate/Pay Period Bi-Weekly Vacation Hours
0-5 Years 80 3.0769 80 hours
6-14 120 4.6153 120 hours
15-19 160 6.1538 160 hours
20+ 200 7.6923 200 hours
D. An eligible employee hired on or before February 1, 1998 shall
accrue vacation leave by the following schedule:
Years Of Hourly Accrual Rate Annual
Service Per Pay Period Accrual Rate
0-5 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10-19 6.154 160 hours
20+ 7.692 200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of four
hundred (400) hours. If the needs of the service require that a sworn employee be
denied the use of accrued vacation time and such denial is anticipated to result in a
cessation of accrual, the employee may request that his maximum accrual be
increased to an amount not to exceed the amount accrued in the preceding thirty-
six (36) month period. Such request must be submitted to the Chief of Police prior
to a cessation of accrual and is subject to the approval of the Chief of Police and City
Manager.
B. The accrual of vacation shall cease when an employee's
accumulated vacation is at the maximum provided in this Section. Additional
vacation shall begin accruing when the employee's vacation balance falls below the
maximum.
C. An employee on Injury on Duty (IOD) status or leave may accrue
vacation up to the maximum under this section. Should the employee reach
maximum accumulation, the City shall cash out the equivalent hours that the
employee has taken for vacation during the fiscal year. Should the employee reach
maximum again after the cash out while still on IOD or leave, accruals shall cease.
Section 4. Use of Vacation
12542444.1 SE010-040 20
A. The time at which an employee's vacation is to occur shall be
determined by the Chief of Police with due regard for the wishes of the employee
and particular regard for the needs of the service. When an employee uses accrued
vacation for leave, the vacation hours used shall come from the oldest accrued
hours first.
B. Employees who have completed two (2) years or more of continuous
service may elect to be paid for up to a maximum of eighty (80) hours of accumulated
vacation up to twice per calendar year.
Beginning in December 2024, and in each December thereafter, employees
eligible to cash out vacation hours and who wish to convert vacation hours to salary,
may do so only by making an irrevocable election in writing of the number of hours
they will accrue in the next calendar year that they choose to cash out. Employees
who make the irrevocable election may choose to receive the cash out in July
and/or December. The maximum cash out that can be elected to be paid out in
July and/or December is limited by the employee's accrued and unused vacation
earned in that calendar year available for cash out on the date of cash out. All cash-
out of vacation pursuant to this provision is from hours earned in the current
calendar year.
The City shall have a form available for employees to make this irrevocable
election and for employees to request an exception to the irrevocable election
requirement for unforeseeable emergencies occurring after the election window
period. The request for an exception is subject to the City Manager's approval. The
City's decision on a request for an exception shall not be subject to the grievance
procedure.
Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for
all accumulated vacation no later than the next regular payday following
termination.
B. When termination is caused by death of the employee, the
employee's beneficiary shall receive the employee's pay for unused vacation. In
the event an employee has not designated a beneficiary, the payment shall be made
to the estate of the employee.
Section 6. Vacation Accrual During Leave of Absence
No vacation shall be earned during any leave of absence without pay for
each fourteen (14) day period (pay period) of such leave.
Section 7. Prohibition Against Working for City During Vacation
Employees shall not work for the City during their vacation and, thereby,
receive double compensation from the City.
12542444.1 SE010-040 21
ARTICLE XIV - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay
A. Upon the Police Chiefs recommendation and approval of the City
Manager, an employee may be granted a leave of absence without pay in cases of
an emergency or where such absence would not be contrary to the best interest of
the City, for a period not to exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave of absence, after notice to
return to duty, the employee shall be reinstated to the position held at the time the
leave of absence was granted. Failure on the part of the employee to report promptly
at such leave of absence's expiration and receipt of notice to return to duty shall be
cause for discharge.
D. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits except as specifically
provided for in this MOU, except that the City shall contribute to an employee's
healthcare and dental plan, disability insurance plan, and life insurance plan for the
first thirty (30) calendar days of the leave of absence.
Section 2. Bereavement Leave
A. Employees may be granted up to forty (40) hours of paid bereavement
leave of absence, plus an additional twenty-two (22) unpaid hours by the reason
of a death in their family which shall be restricted and limited to immediate
family by reason of biology, marriage, or adoption. Family of employee covered by
this provision:
• Spouse or Registered Domestic Partner
• Parent (means a biological, foster, or adoptive parent, a parent-in-law, a
stepparent, a legal guardian, or other person who stood in loco parentis to the
employee when the employee was a child).
• Father and Mother In-Law (means a parent of an employee's spouse or
domestic partner as defined in this section).
• Grandparent (means a parent of the employee's parent, as defined in this
section).
• Sibling (means a person related to another person by blood, adoption, or
affinity through a common legal or biological parent).
• Child (means a biological, adopted, or foster child, a stepchild, a legal ward,
a child of a domestic partner, or a person to whom the employee stands in loco
parentis.)
• Grandchild means a child of the employee's child as defined in this section)
12542444.1 SE010-040 22
All degree of relatives not listed but living within the household of the
employee
Employees may use any of their accumulated leave balances to receive pay
during the additional twenty two (22) hours of unpaid bereavement leave.
Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of State
law. All employees entitled to military leave shall give the Chief of Police an
opportunity within the limits of military regulations to determine when such leave shall
be taken. Whenever possible, the employee involved shall notify the Chief of Police
of such leave request ten (10) working days in advance of the beginning of the leave.
B. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave the current health benefits (healthcare, dental,
disability and life insurance and retirement (if applicable) for the first three (3) months
of military leave. During said period, the employee shall be required to pay to the
City the same co-payments as required of other employees. After the first three
(3) months of military leave, the employee may continue said benefits at his cost.
Section 4. This section was intentionally left blank and has been reserved for
future use.
Section 5. Unauthorized Absence
Unauthorized absence is days, or portions of days, wherein an employee is
absent from work without City approval. Unless subsequently approved, such
absence will result in a deduction from the employee's pay of an amount equivalent
to the time absent. Employees taking unauthorized absence may be subject to
disciplinary action, up to and including termination of employment.
Section 6. Catastrophic Leave
A. Establishment — A Catastrophic Leave Program for the Association
was established which allows donation of paid time for employees represented
by the Association.
B. Purpose — The purpose of the Catastrophic Leave Pool is to enable
full-time employees to receive and donate vacation, administrative leave, and
compensatory time off (CTO) leave credits on an hour for hour basis to assist
employees who have no remaining leave bank balances and who will suffer a
financial hardship due to prolonged illness or injury to themselves, or a member
of their immediate family. Sick Leave is excluded from this program. The
conditions of this program are as follows:
1. Catastrophic Leave will be available only to employees who
have exhausted their own paid leave through bona fide serious illness or
accident.
12542444.1 SE010-040 23
2. The leave pool shall be administered by the Finance
Department.
3. Employees must be in regular full-time appointed positions
to be eligible for catastrophic leave.
4. Employees receiving Long-Term Disability payments may
participate in this program, but may not receive combined payments that would
exceed their normal take home pay.
5. All donations are to be confidential, between the donating
employee and the Finance Department.
6. Employees donating to the pool must have forty (40) hours
of paid leave available after making a donation.
7. Donating employees must complete a Catastrophic Leave
Program form with a signed authorization, and includes specifying the specific
employee to be a recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or
prevent the City from taking action to medically separate or disability retire an
employee.
10. Catastrophic Leave due to illness or injury of an immediate
family member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to illness or injury of the employee
will require medical justification as evidenced by a Physician's Statement as to
the employee's inability to perform normal duties.
ARTICLE XV -JURY DUTY
Section 1. Compensation for Jury Duty
A. Employees required to report for jury duty shall be granted leave of
absence for such purpose, upon presentation of jury notice to the Chief of Police.
Said employees shall receive full payment for the time served on jury duty, provided
the employee remits any fees received for such jury service, excluding payment for
mileage, to the City's Finance Department. Compensation for mileage, subsistence
or similar auxiliary allowance shall not be considered as a fee and shall be returned
to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a
full work day; the employee shall contact his supervisor as to the feasibility of
12542444.1 SE010-040 24
returning to work that day.
ARTICLE XVI -SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or
disability, medical or dental treatment, and family leave or as authorized by the City
Manager under special circumstances. The employee requesting sick leave shall
notify his immediate supervisor or Chief of Police prior to the time set for reporting to
work. Sick leave with pay shall not be allowed unless the employee has met and
complied with the provisions of this MOU.
B. Sick leave shall not be granted for disability arising from any sickness
or injury purposely self-inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of
physical fitness for duty for sick leaves in excess of five (5) consecutive working
days.
Section 2. Eligibility
All employees covered by this MOU shall be eligible to accrue sick leave.
Section 3. Accrual
A. Sick leave shall be accrued at the rate of twelve and one-third (12-
1/3) hours per calendar month for each calendar month that the employee has
worked regularly scheduled hours and/or has been on authorized leave which
provides for full pay, for at least fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired
prior to July 1, 1985, will be placed into a newly established sick leave bank at the
rate of twelve and one-third (12-1/3) hours per calendar month for each calendar
month that the employee has worked regularly scheduled hours. This new sick
leave bank, established February 4, 1998, cannot be cashed out for disability
retirement. Accumulated sick leave shall not be used to postpone the effective date
of retirement as determined by the City.
Section 4. Accumulation and Payment
A. There is no limit on the amount of sick leave that an employee may
accumulate.
B. An employee may be paid for unused sick leave pursuant to the
following:
1. Employees who have not completed fifteen (15) years of
services with the City will not be eligible to be paid for any accumulated sick leave,
nor shall any accumulated sick leave be used to postpone the effective date of
12542444.1 SE010-040 25
retirement as determined by the City.
2. Upon separation from the City, employees who have
completed a minimum of fifteen (15) years of service with the City shall have the
choice to:
a) Be paid for the accumulated sick leave up to twenty
percent (20%) of the accumulated sick leave bank.
b) Convert the hours to eight (8) hours work days and report to
CaIPERS for service credit.
c) Or any combination of pay and service credit (maximum
twenty percent [20%] payout compensation) of
total/accumulated sick leave bank at the time of separation.
d) Compensation shall be at the employees' final hourly rate
of pay.
e) Accumulated sick leave shall not be used to postpone the
effective date of the retirement as determined by the City.
3. Employees 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
base hourly rate of pay. Accumulated sick leave shall not be used to postpone
the effective date of retirement as determined by the City. Any sick leave accrued
after February 4, 1998 will be placed in the sick leave bank set forth in Section 3.B
above, and is not eligible for this payout provision.
Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of
illness charged to his accumulated sick leave provided that:
A. Immediately upon return to duty, the employee submits to his
supervisor a written request for sick leave and a written statement signed by his
physician describing the nature and dates of illness.
B. The Chief of Police recommends and the City Manager approves the
granting of such sick leave.
Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of
sick leave accumulation, the employee may request in writing, to the Chief of Police
and City Manager, a leave of absence without pay for the purpose of recovering from
the illness, provided:
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and
consideration by the City Manager, a written explanation of the employee's illness
and an estimate of the time needed for recovery signed by the employee's physician.
12542444.1 SE010-040 26
C. Prior to resuming his duties, the employee may be required to take a
medical examination at City expense and provide a medical release to return to work
from the employee's physician as prescribed by the City Manager. The employment
record and the results of such examination shall be considered by the City Manager
in determining the employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar
days. If the employee desires an extension, he shall follow, prior to the termination
of the initial leave, the procedure described in Section 6.B above.
Section 7. Family Leave
Upon a demonstration of need and subject to the following conditions, an
employee may take sick leave and/or unpaid leave to care for his newborn infant,
whether through parentage or adoption, or a seriously ill or injured member of the
Employee's "immediate family" as defined in Article XIV Section 2. Bereavement
Leave, and shall also include a "Designated Person" which means any individual
related by blood or whose association with the employee is the equivalent of a
family relationship. The designated person may be identified by the employee at
the time the employee requests the leave. An employer may limit an employee to
one designated person per 12-month period for family care and medical leave.
A. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
B. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date preceding the time when the
leave is to begin.
C. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
D. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the leave.
E. Family leave may be granted only upon the recommendation of the
Chief of Police and approval of the City Manager consistent with the provisions of
State and Federal Family Leave laws.
F. A maximum of four hundred (400) working hours of family leave in
any combination of sick leave and unpaid leave may be taken during any two (2)
year period unless a greater amount is prescribed by state or federal law.
Section 8. On The Job Injury
Employees who are disabled by injury or illness arising out of and in the
course of their duties as public safety employees of the City, shall be entitled to the
12542444.1 SE010-040 27
benefits of California Labor Code Section 4850 as the Section now exists or is
hereinafter amended. Any payments made pursuant to this Section shall not be
charged as sick leave; sick leave and vacation benefits shall accrue during the period
of disability pursuant to the provision of California Labor Code Section 4850.
Section 9. Off The Job Injury
An employee injured outside of his service with the City shall be
compensated through the disability insurance plan provided by the City.
ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees
shall be tentative and subject to a probationary period of twelve (12) months of
service.
B. When unusual circumstances merit the extension of the probationary
period, the Chief of Police shall request, in writing, approval of the City Manager.
Said extension shall not exceed one hundred eighty (180) calendar days. Human
Resources shall notify the Chief of Police and the probationer concerned no-less-
than two (2) weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the
Chief of Police shall file with Human Resources a statement, in writing, that the
retention of the employee is desired. No actions changing an employee's status
from probationary to regular full-time shall be made or become effective until
approved by the City Manager.
Section 2. Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and
shall be utilized for closely observing the employee's work, for securing the most
effective adjustment of a new employee to his position, and for rejecting any
probationary employee whose performance does not meet the required standards of
work.
Section 3. Employee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at
the end of each three (3) months of service or at more frequent intervals when
deemed necessary by the Chief of Police. Regular employees shall have their
performance evaluated annually or at more frequent intervals when deemed
necessary by the Chief of Police. Such evaluation shall be reported in writing and in
the form approved by Human Resources.
B. The written appraisal report of an employee's performance evaluation
shall be filed in triplicate, the original to be filed with Human Resources and made a
part of the employee's personnel records, one (1) copy to be retained by the
12542444.1 SE010-040 28
department, and one (1) copy to be given to the employee.
Section 4. Rejection of Probationary Employee
A. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Chief of Police, with approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive action as may be provided by law. Notification of rejection, in writing, shall
be served on the probationary employee and a copy filed with Human Resources.
A termination interview may be conducted with each rejected probationer.
B. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is
such a deprivation of a "liberty interest", the employee shall be given pre-
disciplinary procedural due process as defined in the City of Seal Beach Personnel
Rules and Regulations and this Memorandum of Understanding. Prior to the
disciplinary action becoming final, the employee must be notified of his right to the
appeal procedure as outlined in the Personnel Rules and Regulations.
ARTICLE XVIII - LAYOFF PROCEDURES
Section 1. Policy
The policy for layoff procedures shall be as adopted in City's Personnel
Rules and Regulations.
ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs
Unit members attending accredited community colleges, universities, and
trade schools for the purpose of obtaining a higher education degree may apply
for reimbursement of tuition, books, student fees and parking. Reimbursement is
capped each calendar year at the tuition rate of the Cal State University system
for up to two (2) semesters of full-time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the course.
For any course that could be taken for a letter grade, it must be taken for a letter
grade and successful completion means a grade of"C" or better for undergraduate
courses and a grade of "B" or better for graduate courses. For any course that
can only be taken for a grade of "credit" or "no credit", successful completion
means a grade of "credit". All claims for tuition reimbursement require prior
approval and are subject to verification and approval by the City Manager. This
tuition reimbursement does not pertain to P.O.S.T. courses attended on duty.
12542444.1 SE010-040 29
Example 1: Officer A attends California State University, Long Beach, for
the Spring 2024 semester and completes two (2) 3-unit undergraduate courses
with a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
2020-2021 State University Tuition $ 1,764.00 (0-6 units)
Required University Fees $ 647.00 (approx.)
Parking $ 300.00
Books $ 535.00 (approx.)
TOTAL $ 3,246.00
Example 2: Officer B attends California State University, Long Beach, for
the Spring 2024 semester and completes three (3) 3-unit undergraduate
courses with a grade of "C" or better. The tuition reimbursement would be
calculated as follows:
2023-2024 State University Tuition $ 3,042.00 (6.1 or more units)
Required University Fees $ 647.00 (approx.)
Parking $ 300.00
Books $ 535.00 (approx.)
TOTAL $ 4,524.00
B. Professional Conventions and Conferences
Unit members who attend job related conventions and conferences that
are not sponsored by the Department may submit for reimbursement under the
tuition reimbursement program for the cost of enrollment. Attendance of
conventions and conferences must be job related and pre-approved by the Chief
of Police. The cost of travel, sustenance, and lodging is not reimbursable under
tuition reimbursement per IRS Publication 970.
Travel, sustenance, and lodging may be reimbursable via the Department's
Meetings and Conference budget. Employee is to submit a request to the Chief of
Police prior to travel for approval in order to receive reimbursement for travel,
sustenance, and lodging after the conference. All receipts for expenses must be
attached to the reimbursement request and submitted to the Chief of Police for
approval, and forwarded to the City Manager for final review and approval.
Section 2. Physical Fitness Program
The physical fitness program is a voluntary program for all sworn officers
utilizing vacation hours as compensation for achieving goals within this program. The
details of this program are attached as Exhibit A to this MOU.
Section 3. Health Wellness Program
Beginning July 2024, the City shall reimburse Employee, as a medical
benefit, for Employee's actual documented expenses for medical maintenance
12542444.1 SE010-040 30
exams or the cost of participation in wellness programs, in an amount not to exceed
$400 per fiscal year, subject to the City's normal reimbursement processes and
requirements for such expenses. Reimbursable expenses shall include, but not be
limited to, actual out of pocket expenses for annual physical examinations or other
medical tests or examinations, participation in weight loss, stop smoking, fitness or
other similar programs, or membership in a health or fitness club.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this MOU
shall incorporate all prior agreements and memoranda of agreement, or memoranda
of understanding, or contrary salary and/or personnel resolutions or administrative
codes, provisions of the City, oral or written, expressed or implied, between the
parties, and shall govern the entire relationship, and shall be the sole source of any
and all rights which may be asserted hereunder. This MOU is not intended to
conflict with federal or state law.
Section 2. Notwithstanding the provision of Section 1., there exists within the
City certain personnel rules and regulations and police department rules and
regulations. To the extent that this MOU does not specifically contradict these
personnel rules and regulations or police department rules and regulations or City
ordinances, they shall continue subject to being changed by the City in accordance
with the exercise of City rights under this MOU and applicable state law.
Section 3. Except as provided herein, other terms and conditions of
employment, oral or written, express or implied that are presently enjoyed by
employees represented by the Association shall remain in full force and effect during
the entire term of this MOU unless mutually agreed to the contrary by both parties
hereto.
ARTICLE XXI - CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
A. The Association, its officers, agents, representatives, and/or
members agree that they will respect relevant law and judicial decisions regarding
the withholding or diminishment of services to influence negotiations conducted
under Section 3500 et seq. of the California Government Code.
B. The City agrees that it shall not lock out its employees during the
term of this MOU. The term "lockout" is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall, or failure to return to work
employees of the City in the exercise of rights as set forth in any of the provisions of
this MOU or applicable ordinance or law.
C. Any employee who participates in any conduct prohibited in
subparagraph A. above may be subject to termination.
D. In addition to any other lawful remedies or disciplinary actions
12542444.1 SE010-040 31
available to the City, if the Association fails, in good faith, to perform all
responsibilities listed in Section 2., Association Responsibility, below, the City may
suspend certain rights and privileges accorded to the Association under the
Employer-Employee Relations Resolution or by this MOU including, but not limited
to, access to the grievance procedure and use of the City's bulletin boards and
facilities.
Section 2. Association Responsibility
In the event that the Association, its officers, agents, representatives or
members engage in any of the conduct prohibited in Section 1. above, Prohibited
Conduct, the Association or its duly authorized representatives shall immediately
instruct any persons engaging in such conduct that their conduct is in violation of this
MOU and unlawful, and they should immediately cease engaging in conduct
prohibited in Section 1. above, Prohibited Conduct, and return to work.
ARTICLE XXII - EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as
acts of God, fire, flood, civil disorder, national emergency, or similar circumstances,
provisions of this Memorandum of Understanding or the Personnel Rules and
Regulations of the City, which prevent the City's ability to respond to these
emergencies, shall be suspended for the duration of such emergency. After the
emergency is over, the Association shall have the right to meet and confer with the
City regarding the impact on employees of the suspension of these provisions in
the Memorandum of Understanding and any Personnel Rules and Regulations.
ARTICLE XXIII - SEPARABILITY
Section 1. Should any provision of the MOU be found to be inoperative, void or
invalid by a court of competent jurisdiction, all other provisions of this MOU shall
remain in full force and effect for the duration of this MOU.
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by
reference, and shall govern. If there is a conflict between the Personnel Rules
and Regulations and a specific provision of this MOU, the MOU provision shall
be applied.
ARTICLE XXV - MOU REOPENERS
Section 1. The Association and the City shall reopen any provision of this
MOU for the purpose of complying with any final order of a Federal or State Agency
or Court of competent jurisdiction requiring a modification or change in any
provision or provisions of this MOU, in order to comply with State or Federal laws.
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
12542444.1 SE010-040 32
Section 1. The terms of this Memorandum of Understanding shall commence on
July 1, 2023 and continue in full force and effect through June 30, 2025 - a two (2)
year contract.
Section 2. The City of Seal Beach and the Police Officers' Association agree to
commence negotiations for the next contract year by April 1, 2025.
ARTICLE XXVII - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and
adoption by the City Council and ratification by the required number of the duly
authorized representatives of the Association. Following such ratification, 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 REPRESENTATIVES:
Date: O/21' ZO2
Corporal Ben Jaipream,
President
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
VIMN
� ` 1 Date: D d-I I aocaLI-'
ill R Ingram, City Plan-:
Date: 8 / �� ! Z®Zi4
Patrick Gallegos, Assistant City anager
12542444.1 SE010-040 33
*1 CONTINUOUS MINUTE *
Under 30 30-39 40-49 50 +
Excellent 51 &Above 45 &Above 40 &Above 36 &Above
Good 40-50 34-44 27-39 23-39
Fair 35-39 29-33 20-26 16-22
Poor 24-34 18-28 7-19 6-15
Very Poor 23 - 17 - 6 - 5 -
Maintenance Level 45 40 35 30
Minimum Level 30 25 20 15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet
are placed against a 4 X 4 or similar object. Officer bends forward and reaches
towards his toes with his fingertips as far as he can. The distance above or below
his heels is measured. The distance is recorded as plus or minus inches. Plus
inches is below the heels and negative is above the heels. Compare the results
against the standards on the chart.
Under 30 30-39 40-49 50 +
Excellent +10" & Below +9" & Below +8" & Below +7" & Below
Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" 0 to+6.5"
Fair +1.5"to 3.5" +1" to 3" -2" to +.5" -3" to-.5"
Poor -4.5" to +1" -6.5" to +.5" -9" &Above -10" to 3.5"
Very Poor -5" &Above -7" &Above -9.5 &Above -10.5"&Above
Maintenance Level +5" +4" +1" 0"
Minimum Level 0" -2" -4" -5"
12542444.1 SE010-040 38
Under 30 30-39 40-49 50 +
Excellent 43 - 37 - 30 - 25 +
Good 28-42 23-36 20-29 17-24
Fair 20-27 17-22 15-19 12-16
Poor 5-19 3-16 2-14 2-11
Very Poor 4-Below 2-Below 2-Below 1-Below
Maintenance Level 40 35 25 18
Minimum Level 18 15 13 11
PULL-UPS
Officer will hold bar with the palms away from the body. Arms are extended out
straight in the beginning position with the feet off the ground. Officer must pull his
body up to a position where his chin is above the bar for one repetition. The total
number of correct pull-ups are recorded and compared to the standards on the
chart.
In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required
to pull down seventy percent (70%) of their body weight ten (10) times in order to
achieve maintenance level.
Under 30 30-39 40-49 50 +
Excellent 9 &Above 7 &Above 6 &Above 5 &Above
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 &Above 2 &Above 1 &Above 0
Maintenance Level 8 6 5 4
Minimum Level 5 3 2 1
SIT-UPS
Officer starts by lying on his/her back, knees bent, heels flat on the floor and
arms folded across the chest. A partner holds the feet down. In the up position, the
officer will touch his elbows to his knees and then return to the starting position, not
placing their shoulder blades on the ground before starting the next sit-up. This is
a continuous exercise, no resting. The total number of correct sit- ups are recorded
and compared to the standards on the chart.
This test measures muscular endurance in the abdominal muscle group, an area
of great concern to the sedentary individual. Much evidence exists of the
correlation between poor abdominal muscle development, excessive fat tissue and
lower back problems.
12542444.1 SEOIO-040 37
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a one point five (1.5) mile course established by the Training
Unit. The time needed to cover the distance is recorded and compared to the
standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it
measures ones aerobic capacity or the ability of the heart and lungs to utilize
oxygen.
Under 30 Below 30-34 Below 35-39 Below
Excellent 10:15 11:00 11:30
Good 10:16-12:00 11:01-12:30 11:31-13:00
Fair 12:01-14:30 12:31-15:00 13:01-15:30
Poor 14:31-16:30 15:01-17:00 15:31-17:30
Very Poor 16:31-Above 17:01-Above 17:31-Above
Maintenance Level 11:00 12:00 12:30
Minimum Level 14:30 15:15 15:30
40-44 Below 40-49 Below 50 + Below
Excellent 12:00 _ 12:15 12:30
Good 12:01-13:30 12:16-13:45 12:31-14:30
Fair 13:31-16:00 13:46-16:15 14:31-17:00
Poor 16:01-18:00 16:16-18:15 17:01-19:00
Very Poor 18:01-Above 18:16-Above 19:01-Above
Maintenance Level 13:00 13:30 14:00
Minimum Level 15:45 16:00 16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands
and toes. A partner places his fist on the ground below the officer's chest. The
officer must keep his back straight at all times and from the up position, lower
him/herself to the floor until his chest touches his partner's hand and then push to
the up position again. The officers can rest in the up position. The total number of
correct push-ups are recorded and compared to the standards on the chart.
This test measures muscle endurance and a low level of muscle endurance
indicates an inefficiency in movement and a poor capacity to perform work. This
test measures mainly the muscles of both the chest and upper arm which are
important in physical confrontations such as pushing, pulling, controlling, and
handcuffing.
12542444.1 SE010-040 36
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2)
to be appointed by the SBPOA Board of Directors, and two (2) to be appointed
by the Chief of Police. The Physical Fitness Committee is established to retain
administrative control over the program. All committee members shall be active
participants in the program. The committee will be responsible for examining
problems and disputes that arise from the administration of the program. The
committee will be the formal arbitrators on these matters.
VALIDATED HEALTHCARE PROBLEM CLAUSE
Those officers who for validated Healthcare reasons cannot participate in the
fitness program as designed may contact the Physical Fitness Committee for
program modification. Validated Healthcare problems are those diagnosed by a
physician as limiting participation in a certain activity.
REQUIRED TEST
The physical fitness needs of Police Officers fall into three (3) areas:
o Cardio Fitness
o Strength
o Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as
necessary. The tests used in this program to evaluate fitness in these areas will
be:
Cardio Fitness: 1.5 Mile run
Strength: Push-ups Sit-ups Pull-ups
Flexibility: Forward Stretch
HEALTHCARE COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation,
The city will not provide blanket coverage for any injury which could conceivably be
claimed under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to
beginning program participation.
12542444.1 SE010-040 35
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.
Officers work out on their off duty time and may, depending upon availability of
funds and staffing needs, in return receive compensation back to them after
meeting the minimum requirements of the tests at the end of each six (6) month
period. Officers may receive up to twenty (20) hours of vacation time by meeting
the requirements of the test at the end of each six (6) month period. The maximum
time each officer will be able to achieve is up to forty (40) vacation hours earned
annually for as long as the officer continues successfully in the program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee
and advise them of your intent. You will need to have a doctor's release to allow
you to participate in the program. A copy of the physical requirements of the
physical fitness program should be reviewed by your doctor when obtaining your
release. For details of the annual physical exam refer to Article XIII section 6 of the
SBPOA MOU.
TESTING
Each officer participating will be tested every six (6) months, specifically in the
months of January and July. A minimum level has been established for each test.
Participants will have to move up a category or reach maintenance level
indicated on each test by age group. At one (1) year and six (6) months,
participants will be required to be at the maintenance level. Once the
maintenance level has been attained, participants will have to maintain that level
on subsequent tests. Testing each six (6) month period will validate the
awarding of vacation time. Testing may be conducted during on-duty hours at the
Watch Commanders discretion. The Physical Fitness Committee will perform the
testing.
ALLOCATION OF HOURS
Employees will be awarded four (4) hours for successfully completing each test
as set forth in TESTING above. No employee shall receive any hours if they fail
to meet the minimum standards for at least three (3) of the five (5) tests.
12542444.1 SE010-040 34