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HomeMy WebLinkAboutCC Res 3103 1981-09-14 ,. , 1 'I 1 " " RESOLUTION NO. B/t2-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY. ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE POLICE DEPARTMENT. AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The salary schedule as shown on Section 18 of Appendix A attached hereto and made a part hereof for each salary range and/or hourly rate of pay shall constitute the basic compensation and pay plan for all positions of pay in each salary range for full time positions in the Police Department, The respective ranges are identified by number and salary steps within each range by the letters "A" to "E" inclusive. The columnar headings at the top of each column establish the minimum length of service required for advancement to the next higher salary step. The salary schedule hereinafter shown is based on forty (40) hours per week. Section 2. The salary schedule for each position classification is indicated in Section 18 of Appendix A attached hereto and made a part hereof, which indicates "A" through "E" steps of each classified position, in terms of a nDnthly 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. PASSED, APPROVED, AND ADOPTED by the City COU~~Dt the C' California. at a n~eting thereof held on the ~day 0 ' 1981, by the following vo : AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ~~__.t ~ --cL r ayor (J r ,. 1 Resolution Number .' APPENDIX A MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN THE MANAGEMENT REPRESENTATIVES OF THE CITY OF SEAL BEACH, hereinafter referred to as "Management" and -, THE SEAL BEACH POLICE OFFICERS ASSOCIATION. an Association of Sworn Police Personnel hereinafter referred to as "Association"'- WHEREAS. Association petitioned City in accordance with provisions of Ordinance Number 769 and was granted certification as ~ recognized employee organization representing all sworn police department personnel in accordance with Government Code Section 3508 which states that: "...the governing body may not prohibit the right of its employees who are full time "peace officers" as that term is defined in Section 817 of the Penal Code. to join III or participate in employee organizations which are composed solely of such peace officers. which concern themselves solely and exclusively with the wages. hours. working conditions. welfare programs, and advancement of the academic and vocational training in furtherance of the police profession. and which are not subordinate to any other organization." WI:lEREAS. The duly appoi'nted, 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. hours and terms and conditions of employment in conformance with the terms, conditions and provisions of Ordinance Number 769 and State Law; and WHEREAS, Association and the Management representatives have mutually agreed to recommend to the City Council of the City of Seal Beach the terms, conditions. 1 hours, and wages pertaining to employment with City for those employees represented by Association. as set forth in this Memorandum of Understanding. 1 ., , -' I I' I Resolution Number o. o. MANAGEMENT RIGHTS Section 1. Management Rights. It is understood that the City retains all of its rights and powers to direct and control the business of the City to the fullest extent 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 may be limited by an express provision of this Memorandum of Understanding, Management and Association agree that replacement of personnel and their replacement rate is a management prerogative. ADMINISTRATION Section 2. Administration. A. City shall provide a bulletin board in the following location: Police Department. Said bulletin board to be available for the purpose of posting notices pertaining to Association's business only. Association shall not use any ~ther bulletin boards within city facilities. B. City recognizes Association's right to appoint or elect representatives to meet and confer with City's Management representatives on salaries. wages. and terms and conditions of employment. Association agrees to notify City in writing as to such representatives' identity. and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. C. Management agrees that the recognized representatives of Association, not exceeding six (6) in number. shall be entitled to meet and confer with Management during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose providing that such time per person shall not exceed two (2) hours in anyone week. Management also agrees that such representatives may utilize not more than six (6) hours per month to seventy-two (72) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association. 2 I I 1 Resolution Number ~ RETIREMENT Section 3. Retirement. A. The City provides the following retirement coverage through the Public Employee's Retirement System (P.E.R.S.): 1. Retirement at age fifty Provides for age 50 as minimum voluntary retirement age for local safety members as specified in Government Code Section 20952.5. 2. 1959 Survivor Benefit Program Provides for allowances for survivors of members as specified in Government Codes Sections 21380 -21388 3. Post-Retirement Survivor Allowance Provides for continuance of post-retirement survivor allowance to certain survivors as specified in Government Code Sections 21263 - 212631. 4. Additional Increase for Persons Retired or Deceased on or before December 31. 1970. Provides for five per cent (5%) increase of the monthly allowance paid to a person retired or a member who died on or before December 31, 1970 as specified in Government Code Section 21222.1. 5. Two percent at age 50 Retirement Formula Provides for retirement benefits payable at age fifty as specified in Government Code Section 21252.01. 6. Active Military Service Credit Provides for service credit for up to four years of continuous military service as specified in Government Code Section 20930.3. The employee shall be required to pay the entire cost of this benefit. 3 I 1 I Resolution Number 00 00 RETIREMENT 7. City Paid Retirement Contribution Effective February 1, 1982 the City shall pay that portion of the affected employees' retirement contribution that is equal to nine percent (9%) of the affected employees' base salary on February 1. 1982. The City will pay that established dollar amount for each affected employee for the term of this Memorandum of Understanding. Funds paid in behalf of the employee will continue to be deposited in the member's retire- ment account. INSURANCE Section 4. Insurance. A. Administration. 1. Part time, seasonal. and/or hourly employees and reserve polic~ officers shall not be eligible for participation in insurance provided through this memorandum. 2. Full time Police Department employees of the City who have completed thirty (30) days of uninterrupted service shall be enrolled in insurance programs, provided through the Memorandum of Understanding, on the first day of the next suceeding month. 3. Police Department employees who change classification from full time to part time, hourly or seasonal shall not be eligible for these benefits. 4. City shall not pay premiums or accrue any fringe benefits afforded with this section for any Police Department employee on leave of absence without pay, or for any Police Department employee who has terminated from City employment for any reason. . ' 4 ~ M I I I Resolution Number o;lo~D . ~" :..;J.' " ., ., INSURANCE 5. City shall not make any monthly premium payments on behalf of any police department employee who has been absent without authorization during said month. 6. No person who is eligible to receive Workmen's Compensation benefits is eligible to receive benefits from the City's group medical insurance. 7. All full time Police Department employees eligible for the health insurance benefit plan are to be accorded the opportunity to enroll their eligible dependents in said plan. " B. Health Insurance City shall provide for eligible Police Department employees and said employee's dependents a group hospital and medical insurance plan at least the equivalent of the present policy the City now offers the affected employees. City shall pay 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 (100%) of the premium cost of a dental program for the affected employee and dependents equal to 'that which is now provided. D. Life Insurance Each affected employee shall be provided a one hundred per cent (100%) City paid term life insurance policy with a face value of thirty seven thousand dollars ($37.000). E. Income Continuation Insurance City shall provide a group insurance 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 dollars ($1.000) per month or sixty- seven percent (67%) of employee's weekly salary, which ever is lesser for a period of time not to exceed the length of injury or illness. 5 "':t. "';-" '.~...~ 1 1 1 " Resolution Number .' "0 ", INSURANCE F. Benefits Limitations Part time, hourly. seasonal, and/or provisional employees, volunteer firemen, reserve police personnel, and any City employee who is not employed on a continuous full time basis shall not be eligible for benefits stated in this Section. No employee who is eligible to receive Workmen's Compensation Insurance payments is'eligible to receive overlapping benefits (except life insurance) stated in this Section. City shall not make any monthly payment for premiums for any insurance benefit listed in this resolution. or for uniform allowances. supplemental pay of any type, and/or any type of bonus listed in this resolution on behalf of or to any employee who has been absent wit~out authorization during said month or for any employee who has terminated for any reason whatsoever or who is on leave of absence without pay or 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 three hundred dollars ($300.00) to be distributed in accordance with existing department practice and procedures. OVERTIME Section 6. Overtime Compensation. A. Regular Overtime Overtime shall be paid at one and one half (1-1/2) times the employees regular base hourly rate of pay for all hours actually worked in excess of forty (40) hours within the employees assigned work week. 6 ". . '. :".. . . :.~'~r.i-"'E ..~. ". -. .(j-l ~ .~. ,._......~ . I I I Resolution Number " OVERTIME B. 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 ~o from the Chief of Police no less than thirty (30) days prior to either payment date. C. Definition In determining whether the employee has been deemed to have worked forty (40) hours during a regular work week. for the purpose of making the above computations, time during which the employee is lawfully absent from duty as a result of illness, injury for which sick leave time was utilized. vacation. holiday or the use of compensatory time off shall be considered as time deemed to have been worked by him/her. 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. 7 I 1 1 Resolution Number ~ COMPENSATORY TIME OFF Section 7. Compensatory 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 hour 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 (160) 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 provision 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. LEAVE BENEFITS Section 8. Leave Benefits. A. Vacations 1. Vacation leave is accumulated yearly and is computed on the basis of the employee's hire date as a full time. probationary or permanent employee and is payable at the 8 .- Resolution Number .. ", LEAVE BENEFITS 1 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 holiday time shall not be deducted from I 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) 1 120 4.615 2 120 4.615 120 3 120 4.615 120 4 120 4.615 120 5' 120 4.615 120 I 6 128 4.923 120 7 136 5.231 128 8 144 5.539 136 9 152 5.846 144 10 160 6.154 152 11 160 6.154 160 12 160 6.154 160 13 160 6.154 160 14 160 6.154 160 15 160 6.154 160 9 J.}; 1 I I Resolution Number , ,- , ' '. LEAVE BENEFITS 7. Vacation Procedures (a) An employee may not earn more than one hundred sixty (160) hours per year in vacation time regardless of length of service. (b) Vacation time must be requested by each employee between January 1 and February 28th of each year. (c) Time requested must be sufficient to maintain vacation time accumulated below the maximum time allowed. '. '-, (d) A first. second. and third choice of vacation time must be submitted. Vacation priority to be selected by seniority in each classification. (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 fi,led. the employee concerned shall receive monetary compensation monthly for any excess vacation time accumulated. At no time may any employee receive monetary compensation for more than ten (10) hours in anyone month. (h) Monetary compensation shall be at the employee's current hourly rate of pay. (i) Monetary compensation for vacation time shall not be taken from the police overtime fund. B. Sick leave 1. All full time sworn probationary and permanent Police Department employees shall earn sick leave at the rate of ten (10) hours per month. 2. Upon honorable termination from City employment, sworn members of the Seal Beach Police Officer Association with fifteen (15) years of service will be paid twenty five percent (25%) 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 ($1,500) per employee. 10 " , ~ . "$." """ ". ";" , . ~:.~..:.. ...~,.....,:)...J!h. 'L!~ 1 I I Resolution Number " LEAVE BENEFITS " " 3. Sick leave may be utilized by any affected employee to care for ill dependents. C. Bereavement Leave 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- '. ."'r=' parents. and all degree of relatives not listed but living within the household of the employee. D. Holiday Leave 1. Full time sworn Police Department employees who work the twenty-four (24) hour rotation schedule that provides around the clock coverage. shall be granted sixty-four (64) hours of accumulated holiday 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 Chief of Police may schedule such time off in lieu of holidays consistent with department work load and the best personnel practices and scheduling practices. The City agrees to pay at the final rate of base hourly compensation all accumulated holiday leave to employees who terminate, who have one year's continuous service. 2. Full time sworn Police Department employees who work the 5-2 shift by virtue of their job assignments shall be granted a total of eight (8) holidays. New Year's Day (January 1) Washington's Birthday (Third Monday in February) Memorial Day (Last Monday ~n May) Independence Day (July 4) Labor Day (First Monday in September) Veterans Day (Fourth Monday in October) Thanksgiving Day (Fourth Thursday in November) Christmas Day (December 25) A total of eight (8) holidays annually. 11 :"'':;'",:1 to..... .'~~.1. 1 I 1 Resolution Number ,. '. lEAVE BENEFITS_ Friday Holiday Friday is a holiday when regular holiday falls on Saturday. Monday Holiday Monday is a holiday when regular holiday falls on Sunday. EXTRA RANGE AMMUNITION Section 9. Extra Range Ammunition. The City shall provide one-hundred (100) rounds of ammunition per member of the Association per month to be used for range practice. INVESTIGATOR BONUS Section 10. Investigator Bonus Full time sworn employees of the Police Department assigned to the Investigation Division, 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 Incentive. Full time sworn employees of the Police Department who have completed their initial probation of twelve (12) months, are eligible to participate in one of the following educational incentive program: A. Payment of a forty dollar ($40.00) per month 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 sixty dollar ($60.00) per month bonus above the base salary for completion of 60 semester units of college credit with at least 19 semester units in the field of Police Science or attainment of a Post Intermediate Certificate. l'Z . :.~......l!. I I I Resolution Number ~ . ' , EDUCATION INCENTIVE C. Payment of an eighty dollar ($80.00) per month bonus above the base salary for completion of a Bachelors Degree from an accredited college with at least 22 semester units in the field of Police Science or attainment of a Post Advanced Certificate.' DUES AND BENEFIT DEDUCTIONS Section 12. Dues and Benefit Deductions. A. The City shall deduct dues and benefit program premiums on a regular basis from the pay of all classifications and positions recognized to be represented by the Association. who voluntarily authorized the deduction in writing, on a form to be provided for this purpose which is mutually agreed to by the Association and the City. The City shall remit such funds to the Association within fifteen (15) days following the deductions. B. The City shall make payroll deductions for purposes of an employee depositing funds or making payments directly to a Federal Credit Union. providing that any deductions shall not be less than two dollars and fifty cents ($2.50) on a bi-weekly basis. FRINGE BENEFITS ADMINISTRATION Section 13. Fringe Benefits Adminsistration. A. Changps The City shall meet and confer with the Association prior to any change of insurance carrier or method of funding coverage for any fringe benefits provided hereinafter during the term of this Memorandum of Understanding. B. Limitations City shall not pay on behalf of any Police Department employee the cost of any fringe or supplemental wage benefits. including, but not limited to. group life insurance, 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 City. 13 I I 1 Resolution Number '. ANNUAL PHYSICALS Section 14. Annual Physicals. Members of the Seal Beach Police Officers Association shall be provided a physical exam periodically as indicated below for the purpose of detecting heart trouble and cancer. The exam shall be given by a City appointed doctor who is acceptable to the Association and shall not exceed One Hundred Dollars ($100.00) per member in cost. The resulting diagnosis shall be submitted to the City as well the employee together with specifics of corrective treatment. Physical Exam Schedule: A. New Employee B. Employee under 40 C. Employee 40 and over Second year following completion of probation. Alternate years. Every year. SCHEDULING Section 15. Scheduling. Management assume~ the right to schedule all sworn police personnel as it deems necessary. Any changes which affect the employees conditions of employment is subject to the meet and confer process. EXCLUSIONS Section 16. Exclusions. A. Patrol Vehicle Replacement Program Effective upon the signing of this Memorandum of Understanding, the Patrol Vehicle Replacement Program enacted In Section 4 of the Memorandum of Understanding signed by the Association and the City on August 24. 1973 is hereby repealed. B. Police Officer II Program Effective upon the signing of this Memorandum of Understanding. the position classification of Police Officer I is deleted; The position classification of Police Officer II becomes Police Officer at the range established in the Memorandum of Understanding; the Policeman II 14 , , ~ ~. ,_It'... ......;..';~. Resolution Number , . " '. EXCLUSIONS Program as outlined in Section 8 of the Memorandum of Understanding signed by the Association and the City on August 24, 1973 is hereby repealed. I SEPARABILITY Section 17. Separabi 1 ity. 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, SALARIES 1 Section 18. Salaries. Listed below are the salaries of all affected employees and shall remain in effect until January 31. 1982. After six 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 A ...!... C D E Police Officer $1.610 $1.692 $1,776 $1,865 $l,958 Po 1 ice Sergeant 1.829 1.920 2.017 2.118 2,224 Police Lieutenant 2.167 2.276 2,390 2.510 2,635 Police Captain 2.458 2.581 2,710 2.845 2.987 Listed below are the salaries of all affected employees which shall become effective on February 1. 1982: I After six 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 A B ....L D E Police Officer $1 .691 $1,777 $1.865 $1,958 $2,056 Police Sergeant 1.920 2.016 2,118 2,224 2,335 Police Lieutenant 2,275 2.390 2,510 2.636 2,767 Police Captain 2.581 2,710 2,846 2,987 3.136 l~ 'I :::,,,~. :..!'?' I 1 1 Resolution Number . '- ". MASTER MEMORANDUM OF UNDERSTANDING Section 19. Master Memorandum of Understanding. A. It is agreed that the Memorandum of Understanding is considered to to be a "Master" Memorandum of Understanding which incorporates all previously agreed upon written terms and conditions of employment of past Memorandums of Understanding. This Memorandum'of Understanding shall not be modified prior to its expiration unless by mutual consent of both parties. B. Maintenance of Existing Benefits Except as provided herein other terms and conditions of employment presently enjoyed by employees represented by the Association shall remain in full force and effect during the entire term of this Memorandum of Understanding unless mutually agreed to the contrary by both parties hereto. Both parties understand that there are various items that may have developed into working conditions which are not detail- . ed in writing but which will be maintained under this agreement. TERM Section 20. Term. The term of this Memorandum of Understanding shall commence on August 1. 1981 and shall continue through and including July 31, 1982. IMPLEMENTATION Section 21. Implementation. This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification of the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s) or other written action of the City Council. 16 .''l/'~ , " Ii:'?:. " . ., 4 ~ "r ...."':~-:_...'!t;D I I 1 t. .... DATED: DATED: Resolution Number " r($/~I SEAL BEACH POLICE OF ~Q. NL.-....Q-L- 12- U ~ \1 ~ .... - I ?v- - /" '1. ../' /Lt;.--c.~ ~ - CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES 9'fr /1/ 17'