HomeMy WebLinkAboutCC AG PKT 2007-10-22 #X
e AGENDA REPORT
DATE: October 22, 2007
TO: Honorable Mayor and City Council
FROM: David N. Carmany, City Manager
BY: Andrew J, Tse, Personnel Manager
SUBJECT: RESOLUTION NO. - A resolution of the City
Council of the City of Seal Beach adopting the
Memorandum of Understanding (MOU) between the City
of Seal Beach and the Seal Beach Poliee Officers
Association, and the Seal Beach Police Management
Association, and enumerating employee classificatioDS and
compensation as of July 1, 2007
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SUMMARY OF RE9UEST:
The purpose of this report is to request Council consideration to approve the Memorandum
ofUnderstanding (MOD) between the City of Seal Beach and the Seal Beach Police Officer
Association and the Seal Beach Police Management Association, and enumerating
employee classification and compensation as of July 1, 2007.
BACKGROUND:
On September 24, 2007, the tenns of the tentative agreement reached between the City
negotiation team (City Manager and Personnel Manager), and the Seal Beach Police
Officers Association and the Seal Beach Police Management Association were presented
to the City Council during closed session. The City Council gave authority to the City
Manager to place the Memorandum of Understanding between the City and the Seal
Beach Police Officers Association and the Seal Beach Police Management Association
on the agenda of the October 22, 2007 meeting for City Council adoption of the agreed-
upon terms to be included in new MOUs with the two associations for the period of July
1,2007 -June 30, 2010.
FINANCIAL IMPACT:
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The.total estimated fiscal impact for each:fiscal year is estimated at $249,127,
Agenda Item X
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October 22, 2007
Agenda Report- MOU: SBPOA AND SBPMA
Page 2
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
1. Resolution No. - "A resolution of the City Council of the City of Seal
Beach adopting the Memorandum of Understanding (MOU) between the City of Seal
Beach and;the Seal Beach Police Officers Association, and the Seal Beach Police
Management Association, and enumerating employee classifications and compensation
as of July 1, 2007."
APPROVED:
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCD.. OF THE CITY OF
SEAL BEACH APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOl]) BETWEEN THE CITY OF SEAL
BEACH AND THE SEAL BEACH POLICE OFFICERS
ASSOCIATION, AND THE SEAL BEACH POLICE
MANAGEMENT ASSOCIATION, AND ENUMERATING
CLASSIFICATION AND COMPENSATION AS OF JULY I, 2007
WHEREAS, the City and the AssociatiOlls met in good faith and reached an agreement
on Monday, September 24, 2007; and
WHEREAS, the terms agreed UpOll were presented to City Council during closed session
. on September 24, 2007; and
WHEREAS, the City Council gave authority to the City Manager to place the proposed
MOUs on the agenda of the meeting of October 22, 2007 for City Council
action; and
WHEREAS, the conllaCls between the City and the Associations are for the time period
of July I, 2007 - June 30, 2010.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal Beach
hereby approves the Memorandum of Understanding (MOU) between the City of Seal
Beach and the City Beach Police Officers Association and the Sesl Beach Police
Management Association.
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PASSED, APPROVED M"D ADOPTED by the City Council of Seal Beach, at a regular
meeting held on the 22nd day of October. 2007 by the following vote:
AYES: COUNCll.MEMBERS
NOES: COUNCll.MEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCll.MEMBERS
Mayor
ATI"EST:
City Clerk
STATEOFCALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 011 file in the
office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach at a regular meeting held on the 22nd day of October. 2007.
City Clerk
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Agenda Item *X
"Police Officers Association and Police
Management Association"
MOU's will be delivered under separate
package
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SEAL BEACH POllCE OFFICERS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE I . RECOGNITION .....................................................................................................1
Section 1. ............................................................................................................................1
Section 2. ...... ..................................................................................................... ...... ...........1
Section 3. . ................... ............ ...... ............. ............ ........................... ....... ...........................1
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES ........................................................1
Section 1. Dues and Benefit Deductions ..............................................................................1
Section 2. Indemnification ..................................................................................... ..............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 Ranges ...................................................................3
Section 3. Salary Increases Following Promotion ...............................................................4
Section 4. Salary Decreases Following Demotion...............................................................4
Section 5. Adjustments of Salary Ranges............................................................................4
Section 6. Salary and Benefits on Suspension ......................................................................5
Section 7. Salaries during Term of Memorandum ofUnderstanding...................................5
ARTICLE VI . SPECIAL PAY PROVISIONS...........................................................................5
Section 1. Uniform Allowance and Safety Equipment .........................................................5
Section 2. Temporary Assignment Pay ...............................................................................6
Section 3. Court Time ...... ......................... ............ ..................... ..... .................. ..................6
Section 4. Call-back ..... ...... ............................... ................................ ....... ............................ 7
Section 5. Training Programs.... ...... .................................... ..... .................. ...... ............ ........7
Section 6. Educational Incentive Pay ...................................................................................7
Section 7. Stand-by Pay .......................................................................................................8
Section 8. Experience Pay............................................... ..... ..... .......... .................................9
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Section 9. Movie Detail.......................................................................................................9
Section 10. Bilingual Compensation ....................................................................................9
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION ...................................................10
Section 1. Administration ......................................................................... ................. .......10
Section 2. Selection and Funding...................................................................................... 10
Section 3. Limits ...................................................... .......................... ....... ........................10
Section 4. Changes............................................................... ........................................ ......10
ARTICLE VIll - HEALTH CARE COVERAGE AND, LIFE AND
DISABILITY INSURANCE ............................................................................................10
Section 1. Health Care Coverage. (This Section shall not be effective after
December 31, 2007.)..................... ........................ ..................... ....... ...... ................10
Section 2. Health Care Coverage (This Section shall become effective on
January 1, 2008.)............................................. ...................... ........................ ...... ....11
Section 3. Health Insurance Plan for Retirees (This Section shall not be
effective after December 31,2007.) ........................................................................12
Section 4. Health Insurance Plan for Retirees (This Section shall become
effective on January 1, 2008.) .................................................................................13
Section 5. Life Insurance Plan............................................................................................16
Section 6. Disability Insurance Plan...................................................................................16
Section 7. Premium Only Plan (pre-taxed deduction) ........................................................16
Section 8. Annual Physical................................................................................................16
ARTICLE IX - RETIREMENT ..................................................................................................17
Section 1. .... ............................................. ....................................... ....... ........... ................17
Section 2. .......... ........ ...... ............................... .................. ..... ..... ............................. ..........17
ARTICLE X. HOURS OF WORK ............................................................................................17
Section 1. Work Period......................................................................................................17
Section 2. Three-Twelve Work Schedule...........................................................................17
ARTICLE XI - OVERTIME COMPENSATION......................................................................18
Section 1. Overtime Defined.... ......................... ...... ........... ..... ....................... ........... .........18
Section 2. Compensation for Overtime ..............................................................................18
Section 3. Compensatory Time ............................................... ................. ..........................18
Section 4. Overtime Reporting................................................................. ..........................19
ARTICLE XII - HOLIDA YS ......................................................................................................19
Section 1. Recognized Holidays........................................... ..... .........................................19
Section 2 Hardship Compensation .................................. ...................... .............................19
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ARTICLE XIII. V ACA TION.....................................................................................................20
Section 1. Eligibility........................................................................................................ ..20
Section 2. Accrual....... ............ ...... ...... ........................ .......................... .............................20
Section 3. Maximum Accrual............................................................................................21
Section 4. Use of Vacation..... ............ ................................................................................21
Section 5. Vacation Payment at Termination .....................................................................21
Section 6. Vacation Accrual During Leave of Absence......................................................22
Section 7. Prohibition Against Working for City During Vacation ....................................22
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. Pregnancy Disability Leave of Absence ............................................................23
Section 5. Unauthorized Leave of Absence........................................................................24
Section 6. Catastrophic Leave ...........................................................................................24
ARTICLE XV - JURY DUTY .....................................................................................................25
Section I. Compensation for Jury Duty..............................................................................25
ARTICLE XVI . SICK LEAVE ..................................................................................................25
Section 1. General Sick Leave Provisions ..........................................................................25
Section 2. Eligibility...................................................................................................... ....25
Section 3. Accrual................................................................. ..... ..... ..... ..............................26
Section 4. Accumulation and Payment...............................................................................26
Section 5. Sick Leave During Vacation..............................................................................26
Section 6. Extended Sick Leave.........................................................................................27
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 I. Policy ...... .................................................................................. ........... .............29
ARTICLE XIX. MISCELLANEOUS PROVISIONS ..............................................................29
Section I. Tuition Reimbursement...................................................... ...............................29
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A. Higher Education Degree Programs.................................................................29
B. Professional Conventions and Conferences .....................................................29
Section 2. Physical Fitness Program ..................................................................................30
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING.................................30
Section 1. ..... ......................................................................... ..... .................. ............ ...... ...30
Section 2. . .... ......................................................................................... ............................30
Section 3. ..... ...................................... ................................................... ............................30
ARTICLE XXI. CONCERTED REFUSAL TO WORK .......................................................30
Section 1. ......................................................................................................................... .30
Section 2. Association Responsibility ................................................................................31
ARTICLE XXII . EMERGENCY WAIVER PROVISION ....................................................31
Section 1. . ........................................... ................................... ........... ............. ...................31
ARTICLE XXIII . SEPARABILITY ........................................................................................31
Section I. . ...................................... .................................... ................ ................... ............31
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS......................................32
Section 1.......... ........ ...... ......................... .................................................... ........................32
ARTICLE XXV - MOU REOPENERS ...................................................................................32
Section 1.............................................................................................................................32
Section 2. ............... ................... .......................................... ................ ....... .......................32
Section 3. .................................. ......................... ................................. ....... .......................32
ARTICLE XXVI. TERM OF MEMORANDUM OF UNDERSTANDING.........................32
Section 1. ... ................................ ......................... ...... .................................. ......................32
Section 2. ........... ........ ....................................................... ............................ ......................32
ARTICLE XXVII. RATIFICATION ......................................................................................32
Section 1. ....................................................................................................................... ...32
EXHIBIT A ..................................................................................................................................34
IV
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICERS ASSOCIA nON
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
(MOD), the Seal Beach Police Officer's Association (SBPOA) 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
classification and assignments set forth in Section 1. above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act,
Govemment Code Section 3500 et esq., 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 the 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 members of Association and/or other offices of
Association.
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES
Section 1. Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all members of the
Association for regular and periodic dues and benefit program premiums as specified by
agreement between the City and the Association and signed by the member. The
Authorization Form content shall be mutually agreed to by the Association and the City.
B. The City shall remit such funds to the Association within fifteen (15) days
following the deductions.
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C. 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.
Section 2. Indemnification
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 Article.
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 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, it's facilities and operations.
G. To determine policies, procedures and standards for the selection, training and
promotion of employees.
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.
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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 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. 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 Comoensation 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 salary range
adopted by the City Council. The salary schedule shall consist of five (5) steps within each
range.
B. The first step is a mtmmum 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 range 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 shall be made subject to the recommendation of the
Chief of Police and approved by the City Manager.
Section 2. Advancement within Salary Ranl!es
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A. In order to properly compensate an employee, advancement in 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 employee's 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 salary range. 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 Followinl! Promotion
A. Promotional Appointment - When an employee is promoted to a position with a
higher salary range, the employee shall be compensated at a step of the salary range
assigned to the new position that is closest to providing a five percent (5%) salary increase
over the base salary recei ved 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 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 salary range assigned to
the new position that is closest to providing a five percent (5%) salary increase over the base
salary received prior to the temporary appointment.
Section 4. Salarv Decreases Followinl! Demotion
In the case of a demotion of any employee in the department 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. Adiustments of Salary Ranl!es
When a salary range for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing salary adjusted
to the same relative step in the new salary range and their anniversary date shall not be
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changed.
Section 6. Salary and Benefits on SusDension
During suspension from the City service for disciplinary cause, an employee shall forfeit all
rights, privileges and salary, except he shall not forfeit his Hea1thcare health plans including
dental, retirement plan, disability insunmce, 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 during the period of suspension.
Section 7. Salaries during Term of Memorandum of Understanding
The following base salary increases shall be provided to employees represented by the
Association. The base salary increases shall be effective during the first payroll period
commencing during the indicated month of the following years. Retroactivity shall be
applied to all members who are actively employed at the time of the adoption of the
agreement by the City Council of the City of Seal Beach.
1) Effective the first payroll period in July 2007:
Position
Range
Increase
Police Officer
Police Corporal
PS 200-01
PS 300-01
Four percent (4%)
Four percent (4%)
2) Effective the first payroll period in July 2008:
Position
Range
Increase
Police Officer
Police Corporal
PS 200-01
PS 300-01
Four percent (4%)
Four percent (4%)
3) Effective the first payroll period in July 2009:
Position
Range
Increase
Police Officer
Police Corporal
PS 200-01
PS 300-01
Four percent (4%)
Four percent (4%)
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safetv EQuiDment
A. An employee, whether or not said employee wears a traditional uniform, shall
receive an annual uniform allowance of eight hundred dollars ($800) effective the first
payroll period following July 1 sl of each fiscal year. An officer assigned as a motor officer
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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, commencing with
Fiscal Year 2007-08.
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 employees'
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. Temoorarv Assi2IIment Pav
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer
performing duties of a Field Training Officer shall receive one-hour compensation at
straight time for either payment or compensatory time off for each shift of recruit training.
A shift shall be understood to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible member
performing the duties of a Field Training Officer for Voluntary Reserve Officers shall
receive one (1) hour compensation at (straight time) for either payment or compensatory
time off for each shift of recruit training. A shift shall be understood to be six (6) or more
hours.
C. Motorcycle Officer - An officer assigned as a motor officer shall be paid two and
two-thirds (2-213) hours at the rate of one and one-half (1-112) times the employee's regular
hourly rate of pay per month in caring for the motorcycle and related equipment required in
said assignment.
D. 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 be compensated at the rate of four hours
compensation at (straight time) for either payment or compensatory time off per month for
being subject to callout.
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 (2-213) hours at the rate of one and one-half (1-1/2) times
the employee's regular hourly rate of pay. Should the appearance exceed two and two-thirds
(2-213) hours, the employee shall receive pay for the actual appearance time, excluded court
designated lunch period, 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
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Police station to go directly to Court.
B. Any appearance that is contiguous with a regular work shift is not subject to the
two and two-thirds (2-213) minimum.
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 hours pay at the employee's straight time hourly rate
for any on call time prior to 12:00 noon and two (2) hours for all "on-call" time after the
hour of 12:00 noon.
Section 4. Call-back
Employees who are called back to duty after having completed a normal shift or work day
assignment and departing from the work premises shall be paid one and one-half (1-112)
times the employee's regular straight time hourly rate 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. Call-back time shall commence from the time the employee is called back to
service.
Employees who are off duty and respond for departmental training, qualification or
meetings shall be compensated a minimum of two and two-thirds (2-213) hours per incident.
This time shall be calculated at one and one-half (1-1/2) times the employee's regular
hourly rate of pay.
Section 5. Training ProI!TlU1lS
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. Employees attending City approved Police Officers Standards and Training
(POST) training programs requiring an ovemight stay(s) will receive a per diem allowance
or provided as provided by POST.
C. 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 Pav - effective the first payroll period of July 2007.
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 compensation in addition to their base
monthly rate of pay:
Police Officer /Police Corporal........................ .$ 175.oo/month
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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 base monthly rate of pay:
Police OfficerlPolice Corporal....... . . . . . . . . . . . . . . ... .$275.oo/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 base monthly rate of pay:
Police OfficerlPolice Corporal. . . . . . . . . . . . . . . . . . . . . . . . .$375.oo/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;
i.e., employees with an Associate or 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 an 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 approval by the City
Managcr.
G. Employees serving an original probationary period shall be ineligible to receive
educational incentive pay.
Section 7. Stand-bv Pav
A. Detective Supervisor(s) may be assigned by the Chief of Police to "stand-by"
status.
B. Detective Supervisors required to carry a pager shall receive eight (8) hours of
compensatory time off per month. During any such month where the individual carries a
pager for less than the entire month, the number of compensatory time off hours shall be
reduced in an amount reflecting the pro-rated monthly time during which a pager was
carried. Such compensatory time off hours shall be maintained in an account separate from
and in addition to compensatory time off hours described in 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 effective July 31st of any year and not converted to cash.
8
C. Each affected employee who is assigned to the Detective Bureau and who is on
"standby" weekend duty shall be provided two (2) hours (at straight time) of compensatory
time off or 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
detecti ve.
D. Detective Assignment - Mobile Phone Allowance - Effective January 1,
2006, Association members who are assigned to work the detective detail shall be paid a
seventy-five dollars ($75) per month Mobile Phone Allowance. The allowance ceases
when the member returns to regular patrol duties.
Section 8. Exoenence Pav
A. Qualified employees of the Association with a minimum of ten (10) years of full
time 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.
B. To qualify for experience pay, an employee must meet the minimum years of
service required and receive an overall satisfactory performance appraisal signed by the
Chief of Police, his designate or an individual acting in his capacity.
C. Experience Pay shall be an increased in the qualified employee's base salary as
follows:
I. After ten (10) years of service, experience pay shall be paid at a rate of
five percent (5%) of the qualified employee's base salary.
2. After twenty (20) years of service, experience pay shall be paid at a rate
of ten percent (10%) of the qualified employees' base salary, not including the prior
increase.
Section 9. Movie Detail
Unit employees shall be paid sixty dollars ($60) per hour 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.
Effective July 1, 2009t, unit employees shall be paid seventy dollars ($70) per hour for
outside movie details. .
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 hislher 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.
9
ARTICLE VII . FRINGE BENEFIT ADMINISTRATION
Section I. 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.
Section 2. Selection and Fundim!
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
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. (This Section shall not be effective after December 31,
2007.)
AI. Effective January 1, 2007, for the employees covered by the terms of this
MOU, upon having completed thirty (30) days of unintenupted service, the City shall pay
up to the following amounts for health and dental insurance:
For single employees. . . . . . . . . . . . . . . . . . . . . . . . . . $524/month
10
For employee + 1 dependent ...... . . . . . . . . . . . . . . $778/month
For employee + 2 or more dependents. . . . . . . . . . . . . $964/month
*NOTE: Unused amounts may be applied to Dental Insurance.
A2. Effective January 2008 and January 2009, the above cap shall be increased by
average percentage increase of plan in Orange County. The percentage is determined by
CalPERS and published in the PERS PEMHCA Circular Letter issued each year under
basic plans.
B. For employees covered by the terms of this MOU, upon having completed thirty
(30) days of uninterrupted service, the City shall pay an additional contribution towards
dental insurance, as listed below:
For single employees. . . . . . . . . . . . . . . . . . . . . . . . . . $17 per month
Fortwo-partycoverage ....................... $31 per month
For family coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . $49 per month
C. Subject to Public Employees' Retirement System (PERS) administration
requirements, the City shall make available to eligible employees participation in the group
medical plans offered by PERS.
D. Employees who elect to waive enrollment in medical and dental coverage may
receive three hundred and ten dollars ($310) per month (upon showing proof of health
insurance coverage under an alternative plan.) Election forms are available in the Personnel
Office.
Section 2. Health Care Coverage (This Section shall become effective on January 1,2008.)
A. "Health Care Coverage"
The City shall contribute an equal amount towards the cost of HeaIthcare 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 CalPERS on an annual basis. Effective January 1, 2008 the City's
contribution under PEMHCA shall be $97.00.
Effective January 1, 2008, the City shall implement a full flex cafeteria plan and
employees participating in the City's full flex cafeteria plan shall receive a flex
dollar allowance to purchase group health coverage under the City's Cafeteria
plan. The flex dollar allowance for 2008 shall be:
For single employees:
For employee + 1 dependent:
For employee + 2 or more dependents:
$550
$850
$1,100
A portion of the flex dollar allowance ($97.00) is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
11
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
Healthcare plans offered by PERS.
C. Employees who elect not to participate in the full flex cafeteria plan may receive
three hundred and ten dollars ($310) per month (upon showing proof of health insurance
coverage under an alternative plan.) Election forms are available in the Personnel Office.
Section 3. Health Insurance Plan for Retirees (This Section shall not be effective after
December 31, 2007.)
A. The City shall, subject to PERS administration requirements, make available to
eligible retirees participation in the PERS medical plans and shall contribute one dollar
($1.00) per each retired Seal Beach POA employee, should the employee elect to participate
in PERS medical benefits with the cost of the City's contribution to be increased each future
year by five percent (5%) of City's contribution for current POA employees as reflected in
Article vn, Section lA (reference to allowable contributions).
B. The City shall provide to any retired employee (either service or disability) who
is employed on August 1, 1983, and who has both fifteen (15) or more years of consecutive
City service and has attained the age of fifty (50) the following group Healthcare insurance
benefits:
1. The City shall pay for such retired employee and spouse, the percentage
of the group health care insurance premium (employee and one dependent) which is paid by
the City on behalf of its acti ve employees on the date that such retired employee's retirement
is effective. Such percentage share of the premium cost shall remain unchanged throughout
the lifetime of the retired employee, even though the percentage share of the group
healthcare insurance premiums paid by the City to active employees may change from time
to time. For example, if the group healthcare insurance premiums for an employee and
spouse was three hundred dollars ($300) per month and if the City and the Association were
to agree in the future that the City would pay two hundred eighty five dollars ($285) of this
monthly premium, then an employee retiring at such time would be entitled to a City
payment equal to ninety-five percent (95%) of whatever the group healthcare insurance
premium cost is for an employee and spouse, as it may from time to time exist through that
retired employee's lifetime.
2. The substantive nature and description of the group healthcare insurance
policy and the benefits thereunder for the retired employee shall be identical to the policy
and benefits to which an active employee is entitled. Therefore, it is understood that the
benefits to which a retired employee is entitled pursuant to this MOU Section, can, and will
almost certainly, vary from year to year depending upon the nature and substance of
healthcare insurance and plans agreed to from year to year by the City and the Association.
12
Therefore, the nature and substance of policy benefits can increase remain constant or
decrease in accord with the provision.
3. In order to maintain eligibility for the group hea1thcare insurance benefits
described herein, eligible retired employees shall participate to the fullest extent possible. in
those benefits provided under Title 18 of the Social Security Act (commonly known as
Medi-Care). However, no such participation shall cause the retired employee to receive
lesser group healthcare insurance benefits than he or she would otherwise be entitled to as
an active employee, nor shall such participation cause the retired employee's spouse to
receive lesser benefits than such spouse would be eligible for if the retired employee were
an active employee.
4. Any retiree receiving benefits as described herein may elect to continue
healthcare coverage for dependents at his or her own expense.
5. Within thirty (30) days after meeting the eligibility requirements stated
above for the receipt of premium payments by the City, the retired employee shall notify the
City in writing whether he or she desires to participate in the group healthcare insurance
program provided herein for retirees. If the retired employees fail to timely give such
notice, any and all rights and benefits provided this Section shall be deemed waived by such
employee. In the event that the retired employee gives such notice within thirty (30) days,
such retired employee shall have a vested right to receive the group healthcare insurance
benefits provided by this Section, and therefore, no future actions of the Association and/or
the City shall diminish such payments received by the retired employee.
6. If any individual retires before reaching age fifty (50), the individual shall
have the option at his or her own expense, of enrolling himself or herself and any
dependents in said group healthcare policy as it from time to time exists. Additionally, any
retired employee, employed on August 1, 1983 and who has fifteen (15) or more years on
consecutive City service, but has not obtained the age of fifty (50), has the option of
participating in the City group hospital and healthcare insurance plans, all at the employee's
expense: upon attaining age fifty (50) such employee will be eligible for the benefits of
subsections 1 and 5 of this section.
Section 4. Health Insurance Plan for Retirees (This Section shall become effective on
January 1,2008.)
A. The City shall provide to any retired employee (either service or disability) who
is employed on August 1, 1983, and who has both fifteen (15) or more years of consecutive
City service and has attained the age of fifty (50) the following group Healthcare insurance
benefits:
1. The City shall pay for such retired employee and spouse, the percentage
of the group health care insurance premium (employee and one dependent) which is paid by
the City on behalf of its active employees on the date that such retired employee's retirement
is effective. Such percentage share of the premium cost shall remain unchanged throughout
the lifetime of the retired employee, even though the percentage share of the group
13
healthcare insurance premiums paid by the City to active employees may change from time
to time. For example, if the group healthcare insurance premiums for an employee and
spouse was three hundred dollars ($300) per month and if the City and the Association were
to agree in the future that the City would pay two hundred eighty five dollars ($285) of this
monthly premium, then an employee retiring at such time would be entitled to a City
payment equal to ninety-five percent (95%) of whatever the group healthcare insurance
premium cost is for an employee and spouse, as it may from time to time exist through that
retired employee's lifetime. 2. The substantive nature and description of the
group healthcare insurance policy and the benefits thereunder for the retired employee shall
be identical to the policy and benefits to which an active employee is entitled. Therefore, it
is understood that the benefits to which a retired employee is entitled pursuant to this MOU
Section, can, and will almost certainly, vary from year to year depending upon the nature
and substance of healthcare insurance and plans agreed to from year to year by the City and
the Association. Therefore, the nature and substance of policy benefits can increase remain
constant or decrease in accord with the provision.
3. In order to maintain eligibility for the group healthcare insurance benefits
described herein, eligible retired employees shall participate to the fullest extent possible, in
those benefits provided under Title 18 of the Social Security Act (commonly known as
Medi-Care). However, no such participation shall cause the retired employee to receive
lesser group healthcare insurance benefits than he or she would otherwise be entitled to as
an active employee, nor shall such participation cause the retired employee's spouse to
receive lesser benefits than such spouse would be eligible for if the retired employee were
an active employee.
4. Any retiree receiving benefits as described herein may elect to continue
heaIthcare coverage for dependents at his or her own expense.
5. Within thirty (30) days after meeting the eligibility requirements stated
above for the receipt of premium payments by the City, the retired employee shall notify the
City in writing whether he or she desires to participate in the group healthcare insurance
program provided herein for retirees. If the retired employees fail to timely give such
notice, any and all rights and benefits provided this Section shall be deemed waived by such
employee. In the event that the retired employee gives such notice within thirty (30) days,
such retired employee shall have a vested right to receive the group healthcare insurance
benefits provided by this Section, and therefore, no future actions of the Association and/or
the City shall diminish such payments received by the retired employee.
6. If any individual retires before reaching age fifty (50), the individual shall
have the option at his or her own expense, of enrolling himself or herself and any
dependents in said group healthcare policy as it from time to time exists. Additionally, any
retired employee, employed on August 1, 1983 and who has fifteen (15) or more years on
consecutive City service, but has not obtained the age of fifty (50), has the option of
participating in the City group hospital and healthcare insurance plans, all at the employee's
expense: upon attaining age fifty (50) such employee will be eligible for the benefits of
subsections 1 and 5 of this section.
14
B. The City shall provide to any retired employee (either service or disability) who
is employed after August 1, 1983 and retires on or before December 31,2009, and who has
attained the age of fifty (50) the following group Healthcare 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 and one dependent, depending
on the qualified dependent status, the group health care insurance premium for the plan
selected by the retired employee, excluding PERS Care. When the retired employee
becomes Medicare eligible, the City shall pay for such retired employee and one dependent,
depending on the qualified dependent status, the group health care insurance premium for
the Medicare supplement plan selected by the retired employee, excluding PERS Care
Medicare Supplement.
2. 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 for the plan
selected by the retired employee. excluding PERS Care. When the retired employee
becomes Medicare eligible, the City shall pay for such retired employee and dependents,
depending on the qualified dependent status, the group health care insurance premium for
the Medicare supplement plan selected by the retired employee, excluding PERS Care
Medicare Supplement.
3. Employees that were hired on or before August 1, 1983 and retire (either
service or disability) after the first payroll period in July 2007 and on or before December
31,2009, may voluntarily elect to be subjected to the terms of the sub-paragraph B.2 above.
C. 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 CalPERS, or (b) the CalPERS 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 CalPERS 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 care plans offered by CalPERS, or (b) the
CalPERS 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
15
two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS
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 mte of (a) the
average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the
CalPERS Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the mte of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CalPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
D. 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
Hcalthcare insurance benefits:
1. The City shall contribute the minimum PEMHCA rate as determined
by CalPERS.
Section 5. 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 thirty-seven thousand dollars ($37,000), double indemnity
accidental death benefit and a dependent death benefit in the amount of one thousand
dollars ($1,000) per dependent.
Section 6. Disabilitv 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 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 and
such modification made a part of the MOU.
Section 7. Premium Only Plan (ore-taxed deduction)
The City will provide a Premium Only Plan (POP) for health and dental benefits. This plan
will allow for payroll deduction healthcare and dental insurance coverage to be made before
taxes (non-taxable) through salary reduction.
Section 8. Annual Phvsical
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 City as well as the employee together with
specifics of corrective treatment.
16
Phvsical Exam Schedule:
1. New Employee
2. Employee under 40
3. Employee 40 & over
Second year following appointment
Alternate years
Every year
ARTICLE IX - RETIREMENT
Section 1. The City shall make contributions for the public safety personnel covered by this
MOU to the PERS plan known as three percent (3%) at fifty (50) with those benefit options
as provided for in the contract between the City and PERS. 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 PERS.
Section 2. The City shall pay the entire employee's contribution to their retirement plan and
place it in the employees' individual PERS retirement accounts.
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) continuous 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, 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.
17
ARTICLE XI - OVERTIME COMPENSATION
Section 1. Overtime Defined
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.A.l. or time worked on scheduled days off.
B. Four-Ten Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article X,
Section 1.A.2. or time worked on scheduled days off.
C. Five-Eight Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article X,
Section I.A.3. or time worked on scheduled days off.
Section 2. Comoensation for Overtime
A. Authorized non-FLSA overtime shall be compensated in payor compensatory
time at the rate of one and one-half (1-1/2) times the straight time hourly equivalent of the
base monthly pay rate.
B. In computing overtime for a regular work week or 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.
C. If members regular work schedule in any fourteen (14) day FLSA cycle is less
than eighty-six (86) hours, they will be paid overtime for those hours worked above their
regular work schedule.
Section 3. Comoensatorv 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-five (75)
hours of compensatory time. An employee who accumulates an excess of seventy-five (75)
hours of compensatory time will be reimbursed within the pay period earned for that
amount in excess of seventy-five (75) hours.
D. An employee may, upon written request submitted to and approved by the City
18
Manager, receive reimbursement for the requested number of hours of accrued
compensatory time 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 ReDortinl!:
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 I. Recol!:nized Holidavs
For pay purposes, the following holidays are recognized and are included in holiday
compensation of 148 hours which are paid to members over 26 payroll periods each
calendar year:
New Year's Day
Martin Luther King Day
Presidents'Day
Memorial Day
Independence Day
Labor Day
Veterans'Day
Thanksgiving Day
Christmas Eve
Christmas Day
2 Floating Holidays
(January 1)
(3rd Monday in January)
(3rd Monday in February)
(Last Monday in May)
(July 4)
(l'1 Monday in September)
(November 11)
(4th Thursday in November)
(December 24)
(December 25)
A. Employees covered by this MOU shall be entitled to one hundred forty-eight
(l48) compensated holiday hours per calendar year.
B. Compensation for holidays will be paid in compensation of 148 hours which are
paid to members over 26 payroll periods per calendar year. Reporting of the
compensation to PERS will be done in accordance with PERS guidelines.
Section 2 HardshiD ComDensation
In addition, employees who have the hardship of working on one of the below designated
holidays shall earn, at the base rate of pay, a corresponding number of hours to the hours
worked on said holiday. The employee may choose to be compensated as time off or pay.
New Year's Day
(January 1)
19
Independence Day
Thanksgiving Day
Christmas Day
Floating Holiday
(July 4)
(4111 Thursday in November)
(December 25)
Floating Holiday - Floating holiday may be individually selected by the employee subject to
the approval of the Chief of Police. Approval will not be granted if it would require the
Department to backfiJl their position with another officer at time -and one-half to maintain
necessary staffing/deployment levels.
Employees shall choose their floating holiday as follows:
Patrol - Any Federally recognized holiday or the day after Thanksgiving, the
day after Christmas, or the employee's birthday, excluding Memorial Day or
Labor Day
AdministrativelInvestigations - Any Federally recognized holiday, day after
Thanksgiving, day after Christmas, or the employee's birthday.
ARTICLE XIII - V ACA TION
Section I. Elieibilitv
All permanent 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
current 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 permanent employee to the anniversary date
concluding the full year of the designated year.
C. All eligible unit employees hired after February 1, 1998 will accrue vacation
leave by the following schedule:
Years Hours Max. Hourly Accrual Annual
Of Service Earned Rate/Pav Period Bi-Weeklv Vacation Hours
0-5 Years 80 3.0769 80 hours
6-14 120 4.6153 120 hours
15-24 160 6.1538 160 hours
25+ 200 7.6923 200 hours
D. An eligible employee hired prior to February I, 1998 shall accrue vacation leave
20
by the following schedule:
YEARS
SERVICE
0-5
6
7
8
9
10-24
25+
HOURLY ACCRUAL RATE
PER PAY PERIOD
4.615
4.923
5.231
5.486
5.539
6.154
7.6923
ANNUAL
ACCRUAL RATE
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of 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
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.
B. Employees who have completed five (5) years or more of continuous service
may elect to be paid for up to a maximum of forty (40) hours of accrued vacation on an
annual basis provided that forty (40) or more hours have been taken as vacation time off
during the course of the prior twelve (12) months. Request for payment shall be made thirty
(30) days prior to the employee's anniversary date of employment or in conjunction with a
vacation request of forty (40) or more hours.
Section 5. Vacation Pavment at Termination
A. Employees terminating employment shall be paid in a lump sum for all accrued
21
vacation leave 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 leave shall be eamed 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.
ARTICLE XIV - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pav
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, after notice to return to duty, the
employee shall be reinstated to the position held at the time leave was granted. Failure on
the part of the employee to report promptly at such leave'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, life insurance plan for the first thirty (30) days of the leave of
absence.
Section 2. Bereavement Leave
A. Employees may be granted up to forty (40) hours of bereavement leave of
absence, 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 lineage covered by
this provision:
Spouse or Registered Domestic Partner
Father and Mother (Including Step parents and adoptive parents)
Father and Mother In-Law
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Grandparent
Brother and Sister (Including step sibling or sibling due to legal adoption)
Child (Including step child, child due to marriage or legal adoption)
Grandchild (Including step grandchild, due to marriage or legal adoption)
and all degree of relatives not listed but living within the household of the employee
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
insunmce 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. PreE!llancv Disabilitv Leave of Absence
A. An employee who is disabled due to pregnancy shall be granted a pregnancy
disability leave for a minimum period of three (3) months provided that a lesser period may
be granted upon request of the employee.
B. Disabilities arising out of pregnancy shall be treated the same as other temporary
disabilities in terms of eligibility for, or entitlement to, sick leave with or without pay,
extended sick leave, or accumulated sick leave.
C. Employees are encouraged to report the existence of pregnancy. Where the
nature of the duties performed is hazardous or burdensome, the employee may be required
to submit medical evidence as to fitness for the performance of duties of the position.
D. Employees shall be placed on medical leave when the employee's physician
states that medical disability would interfere with the performance of the duties of the
position or continuing work would be hazardous. Should disagreement arise between the
Chief of Police and the employee's physician as to the hazardous nature of the job or the
ability of the employee to perform the job, a physician representing the City, to the extent
protected by law, will resolve the conflict.
E. Following childbirth and upon release from medical treatment for the disability
resulting from the pregnancy, the employee must submit a medical statement of fitness to
perform the duties of the position to the Personnel Department. At that time, a
determination will be made for a return to work date with reinstatement to be accomplished
as expeditiously as is reasonably practicable.
23
Section 5. Unauthorized Leave of Absence
Unauthorized leave of 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 leave of absence may be subject to disciplinary action, up to
and including termination of employment.
Section 6. Catastroohic Leave
A. Establishment - In a side letter agreement between the City and the
Association signed on August 8, 2005, a Catastrophic Leave Program for the Association
was established which allows donation of paid time for members of the Association.
B. Puroose - 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 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 oroeram. 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.
2. The leave pool shall be administered by the Administrative Services
(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 Administrative Services (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.
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10. Catastrophic Leave due to illness or injury of an immediate family
member may required medical justification as evidenced by a Physician's Statement that
the presence of the employee is necessary.
II. 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 condition.
ARTICLE XV . JURY DUTY
Section I. Compensation for Jurv Dutv
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 returning to work that
day.
ARTICLE XVI - SICK LEAVE
Section I. 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 three (3) consecutive working days for those
on a twelve (12) hour shift and in excess of four (4) consecutive working days for those
on other shifts.
Section 2. Eligibilitv
All employees covered by this MOU shall be eligible to accrue sick leave.
25
Section 3. Accrual
A. Sick leave shall be accrued at the rate of twelve and one-third (12-113) 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 I,
1985, will be placed into a newly established sick leave bank at the rate of twelve and one-
third (12-113) hours per calendar month for 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 retirement as determined
by the City.
2. Employees who have completed fifteen (15) years of service with the
City shall be paid for accumulated sick leave in the lesser amount of (i) twenty-five percent
(25%) of his accumulated sick leave at the employee's final hourly rate of payor (ii) two
thousand five hundred dollars ($2,500). Remaining sick leave hours are converted to 8 hour
days and reported to CalPERS for service credit. Accumulated sick leave shall not be used
to postpone the effective date of 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 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 retum 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
26
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.
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 retum to work.
D. The maximum period of such leave shall be ninety (90) 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. FamilvLeave
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 employees "immediate
family" as defined in Article XIV Section 2. Bereavement 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 proceeding 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 FederaliFamily Leave laws.
F. A maximum of four hundred (400) working hours of family leave in any
27
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 Iniurv
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 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 Iniurv
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. Apoointment 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 and eighty (180) days. The Personnel Office shall notify the Chief
of Police and the probationer concerned no-less-than two 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 the Personnel Office 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. Obiective of Probationarv 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. Emolovee Performance Aooraisal
A. Each probationary employee shall have his performance evaluated at the end of
each three (3) months of service or at a more frequent interval when deemed necessary by
the Chief of Police. Permanent employees shall have their performance evaluated annually
or at mOTe frequent intervals when deemed necessary by the Chief of Police. Such
evaluation shall be reported in writing and in the form approved by the Personnel Office.
28
B. The written appraisal report of an employee's performance evaluation shall be
filed in triplicate, the original to be filed with the Personnel Office and made a part of the
employee's personnel records, one copy to be retained by the department, and one copy to
be given to the employee.
Section 4. Reiection of Probationarv Emolovee
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 the Personnel Office. 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 these Rules and Regulations.
ARTICLE XVIII . LAYOFF PROCEDURES
Section 1. Policv
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 Prol!TltlIlS
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 at the tuition rate of
the CaI State University system for full-time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the course. Successful
completion means a grade of "C" or better for undergraduate courses and a grade of "B"
or better for graduate courses. 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.
B. Professional Conventions and Conferences
29
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. Phvsical Fitness Program
The physical fitness program is a voluntary program for all swom 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.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section I. 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
30
diminishment of services to influence negotiations conducted under Section 3500 et.seq of
the California Govemment Code.
B. The City agrees that it shall not lock out its employees during the term of this
MOO. 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 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 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 ResDonsibilitv
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.
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ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS
Section 1. The Association and the City have met and conferred regarding presentation
for the approval of the citizens of the City of Seal Beach to abolish the Civil Service
Commission from the City's Charter in the March 2006 election, the Personnel Rules and
Regulations are incorporated herein by reference, and shall govern.
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.
Section 2. Upon the request of either the City or the Association, this MOU shall be
reopened to discuss retiree medical insurance. Issues to be discussed include the possible
implementation of retiree health savings accounts, compliance with GASB 45 or PERS
regulations, voluntary employee benefit accounts etc.
Section 3. At the request of the Association, the City agrees to meet with the Board
members of the Association on or after July 1, 2008 and July 1, 2009 to discuss the flex
dollar allowance of the City's full flex cafeteria plan.
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding shall commence on July 1,
2007 and continue in full force and effect through June 30, 2010 - a three-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, 2010.
ARTICLE XXVII . RA TIFICA TION
Section 1. 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 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.
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Date:
President, Seal Beach Police Officers' Association
Corporal Steve Chauncey
Date:
Corporal John Scott
Date:
Officer Lindasu McDonald
Date:
Officer Craig Jones.
Date:
Officer Eric Tittle
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE:
Date:
David Carmany, City Manager
33
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 retum 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 eamed 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 XIIl 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.
Initial program tests will be conducted in February 1998, June 1998 and December 1998.
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.
For the December 1998 testing only, employees shall receive eight (8) hours per
successfully completed test.
PHYSICAL FITNESS COMMlTI'EE
34
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.
REOUlRED TEST
The physical fitness needs of Police Officers fall into three (3) areas:
Cardio Fitness Strength 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:
Strenlrth:
F1exibilitv:
1.5 Mile run
Push-ups
Forward Stretch
Sit-ups
Pull-ups
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.
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a 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.
Excellent
Good
Under 30
Below
10:15
10:16-12:00
30-34
Below
11:00
11:01-12:30
35-39
Below
11:30
11:31-13:00
40-44
Below
12:00
12:01-13:30
35
Fair
Poor
Very Poor
Main!. Level
Minim. Level
Excellent
Good
Fair
Poor
Very Poor
Mam!. Level
Minim. Level
12:01-14:30
14:31-16:30
16:31-Above
11:00
14:30
40-49
Below
12:15
12:16-13:45
13:46-16:15
16:16-18:15
18:16-Above
13:30
16:00
12:31-15:00
15:01-17:00
17:0l-Above
12:00
15:15
13:01-15:30
15:31-17:30
17:31-Above
12:30
15:30
13:31-16:00
16:01-18:00
18:0I-Above
13:00
15:45
50+
Below
12:30
12:31-14:30
14:31-17:00
17:01-19:00
19:01-Above
14:00
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 himlherself to the floor
until his chest touches his partner's hand and then push to the up position again. Officer's
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.
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 I-Below
Maint. Level 40 35 25 18
Minim. Level 18 15 13 II
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.
Excellent
Under 30
9 & above
30-39
7 & above
40-49
6 & above
50+
5 & above
36
Good 8 6 5 4
Fair 6-7 4-5 3-4 2-3
Poor 5 3 2 1
Very Poor 4 & above 2 & under 1 & under 0
Maint. Level 8 6 5 4
Minim. Level 5 3 2 1
SIT-UPS
Officer starts by lying on hislher 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.
*1 CONTINUOUS MINUTE *
Excellent
Good
Fair
Poor
Very Poor
MaIO!. Level
Minim. Level
Under 30
51 & above
40-50
35-39
24-34
23-
45
30
30-39
45 & above
34-44
29-33
18-28
17 -
40
25
40-49
40 & above
27-39
20-26
7-19
6-
35
20
50+
36 & above
23-39
16-22
6-15
5-
30
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" o to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -311 to -.5"
Poor -4.5" to+l" -6.5" to +.5" -9" & above -10" to 3.5"
Very Poor -5" & above -7" & above -9.5 & above -10.5"& above
Main!. Level +5" +4" +1" 0"
Mmim. Level 0" -2" -4" -5"
37
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE 1. TERM OF AGREEMENT ...................................................................... 1
Section 1. ....................................................................................................................... 1
Section 2. ....................................................................................................................... 1
ARTICLE 2. RECOGNITION AND MEMBERSIllP................................................. 1
Section 1. ....................................................................................................................... 1
Section 2. ............................. .............................. ............................................................ 1
Section 3. .......................................................................................................................2
ARTICLE 3. SALARIES ................................................................................................ 2
1) Effective the first payroll period in July 2007...........................................................2
2) Effective the first payroll period in July 2008 ........................................................... 2
3) Effective the first payroll period in July 2009...........................................................2
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES ........................................... 2
Section 1. ....................................................................................................................... 3
Section 2. ....................................................................................................................... 3
ARTICLE 5. INDEMNIFICATION ..............................................................................3
ARTICLE 6. CITY RIGHTS.......................................................................................... 3
Section 1. ....................................................................................................................... 3
Section 2. .......................................................................................................................4
ARTICLE 7. COMPENSATION PLAN ...................................................................... 4
Section 1. ....................................................................................................................... 4
Section 2. ....................................................................................................................... 4
Section 3. ....................................................................................................................... 4
Section 4. .......................................................................................................................4
ARTICLE 8. ADVANCEMENT WITHIN SALARY RANGES ............................... 5
Section 1. ....................................................................................................................... 5
Section 2. ....................................................................................................................... 5
Section 3. ....................................................................................................................... 5
Section 4. ....................................................................................................................... 5
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION ....................... 5
Section 1. Promotional Appointment............................................................................. 5
Section 2. Temporary Appointment............................................................................... 5
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION....................... 5
ARTICLE 11. ADJUSTMENT OF SALARY RANGES ............................................. 6
ARTICLE 12. SALARY AND BENEFITS SUSPENSION .......................................... 6
ARTICLE 13. SPECIAL PAY PROVISIONS.............................................................. 6
Section I. Uniform Allowance ...................................................................................... 6
Section 2. Safety Equipment..........................................................................................6
Section 3. Deferred Compensation.................................................................................. 6
ARTICLE 14. COURT TIME ........................................................................................ 6
Section 1. .......................................................................................................................6
I
Section 2. ....................................................................................................................... 6
Section 3. ....................................................................................................................... 7
ARTICLE 15. CALL-BACK .......................................................................................... 7
Section 1. ....................................................................................................................... 7
Section 2. ....................................................................................................................... 7
ARTICLE 16. STAND-BY PAy..................................................................................... 7
Section 1. ....................................................................................................................... 7
Section 2. ....................................................................................................................... 7
Section 3. ....................................................................................................................... 7
ARTICLE 17. MOVIE DETAIL.................................................................................... 7
Section 1. ....................................................................................................................... 8
Section 2. Effective July 1, 2009. .................................................................................. 8
ARTICLE 18. EXPERIENCE PAy............................................................................... 8
Section 1. ....................................................................................................................... 8
Section 2. ....................................................................................................................... 8
Section 3. .......................................................................................................................8
Section 4. ....................................................................................................................... 8
ARTICLE 19. EDUCATION INCENTIVE PAy......................................................... 8
Section I. ....................................................................................................................... 8
Section 2. ....................................................................................................................... 8
Section 3. ....................................................................................................................... 8
Section 4. .......................................................................................................................9
Section 5. .......................................................................................................................9
Section 6. ....................................................................................................................... 9
Section 7. ....................................................................................................................... 9
ARTICLE 20. TUITION REIMBURSEMENT............................................................ 9
Section 1. Tuition Reimbursement.................................................................................. 9
A. Higher Education Degree Programs ..................................................................... 9
B. Professional Conventions and Conferences .......................................................... 9
ARTICLE 21. PHYSICAL FITNESS PROGRAM.................................................... 10
ARTICLE 22. TRAINING PROGRAMS.................................................................... 10
Section 1. ..................................................................................................................... 10
Section 2. ..................................................................................................................... 10
Section 3. ..................................................................................................................... 10
ARTICLE 23. HOLIDAYS ........................................................................................... 10
Section 1. Recognized Holidays.................................................................................... 10
Section 2 Hardship Compensation ................................................................................ 11
Section 3. Holiday Compensation................................................................................ 11
Section 4. ..................................................................................................................... 11
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION......................................... 11
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING......................... 11
ARTICLE 26. FRINGE BENEFIT LIMITS............................................................... 12
Section 1. ..................................................................................................................... 12
Section 2. ..................................................................................................................... 12
ARTICLE 27. FRINGE BENEFIT CHANGES ......................................................... 12
ARTICLE 28. HEALTH CARE COVERAGE........................................................... 12
Section I. Health Care Coverage. (This Section shall not be effective after December 31,
2007.) ...................................................... ...................................................................... 12
Section 2. Health Care Coverage (This Section shall become effective on January 1,
II
2008.) .......................... .................... ......... ............................... ...................................... 13
Section 3. Health Insurance Plan for Retirees (This Section shall not be effective after
December 31, 2007.)...................................................................................................... 13
Section 4. Health Insurance Plan for Retirees (This Section shall become effective on
January 1, 2008.)............................................................................................................ 15
Section 5. Health Insurance Plan for Retiree's - Non-Sworn......................................... 18
ARTICLE 29. LIFE INSURANCE .............................................................................. 19
Section 1. .....................................................................................................................19
Section 2. ..................................................................................................................... 19
ARTICLE 30. DISABILITY INSURANCE PLAN .................................................... 19
ARTICLE 31. SECTION 125 PLAN ........................................................................... 19
ARTICLE 32. ANNUAL PHYSICAL.......................................................................... 19
ARTICLE 33. RETIREMENT ..................................................................................... 20
Section 1. .....................................................................................................................20
Section 2. .....................................................................................................................20
ARTICLE 34. HOURS OF WORK - WORK PERIOD............................................ 20
Section 1. Work Period ................................................................................................. 20
Section 2. Three- Twelve Work Schedule...................................................................... 20
Section 3. Reporting to California Public Employees Retirement System (PERS) .... 21
ARTICLE 35. OVERTIME COMPENSATION ........................................................ 21
Section 1. Overtime Defmed........................................................................................21
Section 2. Compensation for Overtime........................................................................ 21
Section 3. Compensatory Time.................................................................................... 21
Section 4. Approval for Overtime................................................................................ 22
ARTICLE 36. V ACATION........................................................................................... 22
Section 1. Eligibility. ...................................................................................................22
Section 2. Accrual- Vacation hours............................................................................ 22
Section 3. Maximum Accrual...................................................................................... 23
Section 4. Use of Vacation................................................................................ ...........23
Section 5. Vacation Payment at Termination .............................................................. 23
Section 6. Vacation Accrual During Leave of Absence .............................................. 23
Section 7. Prohibition Against Working for City During Vacation............................. 23
ARTICLE 37. LEAVE OF ABSENCE ........................................................................23
Section 1. Authorized Leave of Absence Without Pay................................................. 23
ARTICLE 38. UNAUTHORIZED LEAVE OF ABSENCE ...................................... 24
ARTICLE 39. BEREAVEMENT LEAVE .................................................................. 24
ARTICLE 40. MILITARY LEAVE OF ABSENCE .................................................. 25
Section 1. .....................................................................................................................25
Section 2. ..................................................................................................................... 25
ARTICLE 41. PREGNANCY DISABILITY LEAVE OF ABSENCE..................... 25
Section 1. ..................................................................................................................... 25
Section 2. Pregnancy Disability Leave (PDL) ............................................................. 25
Sections 3. . .................................................................................................................. 25
Section 4. ..................................................................................................................... 25
Section 5. ................................................ ..................................................................... 25
Section 6. ..................................................................................................................... 25
ARTICLE 42. JURY DUTY ......................................................................................... 25
Section 1. Jury Duty.....................................................................................................26
ARTICLE 43. SICK LEA VE........................................................................................ 26
III
Section 1. Accrual- Sworn Positions ............................................................................ 26
Section 2. Sick Leave During Vacation........................................................................ 27
Section 3. Extended Sick Leave................................................................................... 27
Section 4. Sick Leave Accrual and Payment Police Records Supervisor Position ......... 27
Section 5. General Sick Leave Provisions ................................................................... 28
Section 6. ..................................................................................................................... 28
Section 7. Fitness for Duty........................................................................................... 28
ARTICLE 44. CATASTROPIDC LEAVE ................................................................. 28
Section 1. Establishment.............................................................................................. 28
Section 2. Purpose........................................................................................................ 28
ARTICLE 45. FAMILY LEAVE (FMLAlCFRA)...................................................... 29
ARTICLE 46. ON-THE-JOB INJURy....................................................................... 29
ARTICLE 47. OFF-THE-JOB INJURy..................................................................... 29
ARTICLE 48. PERSONNEL RULES AND REGULATIONS ................................. 29
Section 1. ..................................................................................................................... 30
Section 2. ..................................................................................................................... 30
ARTICLE 49. PROBATIONARY PERIODS............................................................. 30
Section 1. Appointment Following Probation Period.................................................. 30
Section 2. Objective of Probationary Period................................................................ 30
Section 3. Employee Performance Appraisal.............................................................. 30
Section 4. Rejection of Probationary Employee .......................................................... 31
ARTICLE 50. LAYOFF PROCEDURES ................................................................... 31
ARTICLE 51. MOU REOPENERS .............................................................................31
Section 1. ..................................................................................................................... 31
Section 2. ..................................................................................................................... 31
Section 3. ..................................................................................................................... 31
ARTICLE 52. CELL PHONES ....................................................................................31
ARTICLE 53. NO STRIKE - NO LOCKOUT ........................................................... 32
Section 1. ..................................................................................................................... 32
Section 2. ..................................................................................................................... 32
Section 3. ..................................................................................................................... 32
Section 4. .....................................................................................................................32
ARTICLE 54. EMERGENCY WAIVER PROVISION ............................................ 32
Section]. .....................................................................................................................32
ARTICLE 55. SEPARABILITY PROVISION........................................................... 32
ARTICLE 56. SAVINGS CLAUSE ............................................................................. 32
Section 1. .....................................................................................................................32
ARTICLE 57. RATIFICATION .................................................................................. 33
EXHmrr A...................................................................................................................... 34
IV
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
The duly authorized representatives of the City of Seal Beach (hereinafter referred to as
"City") and the SEAL BEACH POLICE MANAGEMENT ASSOCIATION (hereinafter
referred to as "Association"), having met and conferred in good faith concerning the
issues of wages, hours and other terms and conditions of employment, as herein set forth,
declare their agreement to the provisions of this Memorandum of Understanding (MOU).
The terms and conditions set forth in this MOU shall be of no force and effect unless and
until this MOU is approved and adopted by the City Council of the City of Seal Beach.
Unless otherwise specifically provided for herein, whenever a compensation change is
indicated as occurring effective upon City Council adoption of this MOU, the
compensation change shall commence during the first payroll period commencing after
the Council adoption of this MOU.
ARTICLE I. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1, 2007 through
and including June 30, 2010.
Section 2. The Agreement may be extended beyond June 30, 2010 if both parties concur
in writing.
ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer-Employee Relations Ordinance
No. 769, as amended, the City has recognized, for the purposed of this Memorandum of
Understanding, the SEAL BEACH POLICE MANAGEMENT ASSOCIATION as the
majority representative of the employees in the bargaining unit, which includes Police
Department full-time employees in the classifications and assignments of Police
Sergeant, Police Lieutenant, Police Captain, and the civilian position of Police Records
Supervisor.
Section 2. The City recognizes the Association as the representative of the employees in
the classification and assignment set forth in Section One above for the purpose of
meeting its obligations under this Memorandum of Understanding, the Meyer-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.
1
Section 3. The City agrees that the representatives of the 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 the 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 members of the
Association and/or other offices of the Association.
ARTICLE3. SALARIES
The following base salary increases shall be provided to employees occupying all
classifications represented by the Association. The base salary increases shall be
effective during the first payroll period commencing during the indicated month of the
following years. Retroactivity shall be applied to all members who are actively employed
at the time of the adoption of the agreement by the City Council of the City of Seal
Beach.
1) Effective the first payroll period in July 2007
Position
Range
Increases
Police Records Supervisor
Police Sergeant
Police Lieutenant
PS 100-01
PS 400-01
PS 500-01
Four percent (4%)
Four percent (4%)
Twelve percent (12%)
2) Effective the first payroll period in July 2008
Position
~
PS 100-01
PS 400-01
PS 500-01
Increases
Police Records Supervisor
Police Sergeant
Police Lieutenant
Four percent (4%)
Four percent (4%)
Four percent (4%)
3) Effective the first payroll period in July 2009
Position
Ranl!e
Increases
Police Records Supervisor
Police Sergeant
Police Lieutenant
PS 100-01
PS 400-01
PS 500-01
Four percent (4%)
Four percent (4%)
Four percent (4%)
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES
2
Section 1. The City will provide voluntary payroll deductions for all members of the
Association for regular and periodic dues and benefit program premiums as specified by
agreement between the City and the Association and signed by the member. The
Authorization Form content shall be mutually agreed to by the Association and the City.
Section 2. The City shall remit such funds to the Association within fifteen (15) days
following the deductions.
ARTICLE 5. INDEMNIFICATION
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 Article.
ARTICLE 6. 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 to manage the City, as such rights existed prior to the execution of this
MOU. The City may exercise its management rights unilaterally without the obligation of
meet and confer on the decision to exercise such rights. However, the City shall meet and
confer on the impact thereof pursuant to Section 2 of this Article. The sole and exclusive
rights of Management, as they are not abridged by this MOU or by law shall include, but
not be limited to, the following rights:
a) To manage the City generally and to determine the issue of policy;
b) To determine the existence or nonexistence of facts which are the basis of the
Management decision;
c) To determine the necessity of organization of any service or activity conducted by
the City and expand or diminish services;
d) To determine the nature, manner, means and technology and extent of services to
be provided to the public;
e) Methods of financing;
t) Types of equipment or technology to be used;
g) To determine and/or change the facilities, methods, technological means, and size
of the work force by which the city operations are to be conducted;
h) To determine and change the number of locations, relocations and type of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract or subcontract any work or
operation of the City;
i) 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 upon reasonable notice;
j) To establish and modify productivity and performance programs and standards;
3
k) To relieve employees from duties for lack of work, or funds, or similar non-
disciplinary reasons;
I) To discharge, suspend. demote, or otherwise discipline employees for proper
cause;
m) To determine job classification and to reclassify employees;
n) To hire, transfer, promote and demote employees for disciplinary and non-
disciplinary reasons;
0) To determine and administer policies, procedures and standards for selection,
training, and promotion of employees;
p) To establish employee performance standards including but not limited to,
qualifications and quantity standards and to require compliance therewith;
q) To maintain order and efficiency in its facilities and operations;
r) To establish and promulgate and/or modify Rules and Regulations to maintain
order and safety in the City which are not in contravention of this MOU;
s) To take any and all necessary actions to carry out the mission of the City in
emergencies.
Section 2. Except in emergencies or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of Management's
rights shall impact on employees of the Association, the City agrees to meet and confer
with representatives of the Association regarding the impact of the exercise of such
rights, unless the matter of the exercise of such rights is provided for in this MOU or in
the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which are
incorporated herein by reference in this MOU. By agreeing to meet and confer with the
Association as to the impact and exercise of any of the foregoing City rights,
Management's discretion in the exercise of these rights shall not be diminished.
ARTICLE 7. COMPENSATION PLAN
Section 1. All employees covered by this Memorandum of Understanding shall be
included under the Basic Compensation Plan. Every classification under this plan shall
be assigned a salary range adopted by the City Council. The salary schedule shall consist
of five (5) steps within each range.
Section 2. 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 normal
entering salary step within the assigned range upon the recommendation of the Chief of
Police and approval of the City Manager when it is decided that such action is in the best
interest of the City.
Section 3. The second step in the salary range is a merit adjustment which may be given
at the end ofsix (6) months of employment subject to the recommendation of the Chief of
Police and approval of the City Manager.
Section 4. The third, fourth, and fifth steps are merit adjustments to encourage an
employee to improve his/her work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the completion of
4
one (1) year of service at the preceding step. Each adjustment shall be made subject to
the recommendation of the Chief of Police and approval of the City Manager.
ARTICLE 8. ADVANCEMENT WITHIN SALARY RANGES
Section 1. In order to properly compensate an employee, advancement in salary shall be
based on merit.
Section 2. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
Section 3. The Chief of Police and/or the employee's 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.
Section 4. An employee must be reviewed at least once every twelve (12) months from
the effective date of hislher 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.
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
Section 1. Promotional Appointment - When an employee is promoted to a position with
a higher salary range, the employee shall be compensated at a step of the salary range
assigned to the new position that is closest to providing a five percent (5%) salary
increase over the base salary received prior to promotion.
Section 2. 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
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 salary range
assigned to the new position that is closest to providing a five percent (5%) salary
increase over the base salary received prior to the temporary appointment.
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee in the department 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/her previous anniversary date.
5
ARTICLE 11. ADJUSTMENT OF SALARY RANGES
When a salary range for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing salary
adjusted to the same relative step in the new salary range and their anniversary date shall
not be changed.
ARTICLE 12. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shall forfeit all
rights, privileges and salary, except he shall not forfeit his medical health plans including
dental, retirement plan, 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 during the period of suspension.
ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance - Whether or not said sworn employee wears a traditional
uniform, each member shall receive an annual uniform allowance of eight hundred
dollars ($800). The civilian position of Police Records Supervisor shall receive an annual
uniform allowance of four hundred dollars ($400).
Section 2. Safety Equipment - 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 responsibility of the employee.
Section 3. Deferred Comoensation - The City contributes twenty dollars ($20) per payroll
period into a deferred compensation program for the Police Record Supervisor position.
ARTICLE 14. COURT TIME
Section 1. An employee called for a subpoenaed court appearance which arises out of the
course of his/her 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 regular 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, excluded court designated lunch period, 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 go directly to Court.
Section 2. Any appearance that is contiguous with a regular work shift is not subject to
the two and two-thirds (2-2/3) minimum.
6
Section 3. 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/she shall be granted two (2) hours pay at the employee's straight time
hourly rate for any "on-call" time prior to 12:00 noon and two (2) hours for all "on-call"
time after the hour of 12:00 noon.
ARTICLE 15. CALL.BACK
Section I. Employees who are called back to duty after having completed a normal shift
or work day assignment and departing from the work premises shall be paid one and one-
half (1-1/2) times the employee's regular straight time hourly rate for each hour worked
on call-back. The number of hours calculated at one-and-one-halftimes shall not be less
than four hours. Call-back time shall commence from the time the employee is called
back to service.
Section 2. Employees who are off duty and respond for departmental trammg,
qualification or meetings shall be compensated a minimum of two and two-thirds (2-2/3)
hours per incident. This time shall be paid in accordance with the computation and
payment of overtime.
ARTICLE 16. STAND-BY PAY
Section 1. Police Sergeant(s) may be assigned by the Chief of Police to "stand-by"
status.
Section 2. Police Sergeants required to be on stand-by shall receive eight (8) hours of
compensatory time off per month. During any such month where the individual carries a
pager or mobile phone 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 said employee is expected to be "on call." Such compensatory time off hours shall
be maintained as "Personal Holiday" time and be credited to the employee's Floating
Holiday/Administrative Leave bank. Any compensatory time off (personal Holiday)
hours earned in accord in this Section, and not utilized by June 30th of any fiscal year
shall be forfeited and not converted to cash.
Section 3. Police Lieutenant shall receive eight (8) hours of administrative leave per
month. Such administrative leave hours shall be maintained as "Personal Holiday" time
and be credited to the employee's Floating Holiday/Administrative Leave bank. Any
compensatory time off (personal Holiday) hours earned in accord in this Section, must be
utilized by June 30th of any fiscal year and cannot be carried over to the next year or
converted to cash.
ARTICLE 17. MOVIE DETAIL
7
Section 1. Association members shall be paid sixty dollars ($60) per hour for outside
movie details. In is understood that time spent on movie detail is brokered outside work
and is not considered time worked for the purpose of calculation City overtime
compensation.
Section 2. Effective July 1,2009, unit employees shall be paid seventy dollars ($70) per
hour for outside movie details.
ARTICLE 18. EXPERIENCE PAY
Section 1. Qualified employees of the Association with a minimum often (10) years of
full-time service as a sworn peace officer with a Municipal, County, or State Police
agency meeting Police Officer Standards and Training (p.O.S.T.) standards, or their
equivalent, shall be eligible to receive experience pay. Qualified civilian employees of
the Association with a minimum of ten (10) years of consecutive Seal Beach service shall
be eligible to receive experience pay.
Section 2. To qualify for experience pay, an employee must meet the minimum years of
service required and receive an overall satisfactory performance appraisal reviewed,
approved, and signed by the Chief of Police, his designee, or an individual acting in the
capacity of the Chief of Police. The recommendation of Experience Pay is subject to
verification and approval by the City Manager.
Section 3. Experience pay - Ten (10) Years of Service - After ten (10) years of service,
experience pay shall be paid at a rate of five percent (5%) of the qualified employee's
base salary.
Section 4. Experience pay - Twenty (20) Years of Service - After twenty (20) years of
service, experience pay shall be paid at a rate of ten percent (10%) of the qualified
employee's base salary.
ARTICLE 19. EDUCATION INCENTIVE PAY
Section I. Forty-five (45) Semester Units of College Credits - Effective the first payroll
period of July 2007, 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 three hundred dollars ($300) per
month in addition to hislher monthly base salary.
Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T.
Certification - Effective July 2007, 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 P.O.S.T.
Intermediate Certificate shall receive four hundred dollars ($400) per month in addition
to hislher monthly base salary.
Section 3. Bachelor of Arts/Bachelor of Science (BAlBS) Degree or Advanced P.O.S.T.
8
Certification - Effective July 2007, employees covered by this section who have
completed BAlBS Degree from an accredited college or university with at least twenty-
two (22) units in the field of Police Science or have attained a P.O.S.T. Advanced
Certificate shall receive five hundred dollars ($500) per month in addition to hislher
monthly base salary.
Section 4. 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;
i.e., employees with an Associate or Bachelor's degree will receive compensation for the
Bachelor's degree only.
Section 5. Employees receiving Educational Incentive pay shall not lose that pay if
he/she is promoted to a classification which required 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 an education
incentive pay will not be affected by such change and will not result in any loss of such
incentive pay.
Section 6. All payments under this Article are subject to verification and approval by the
City Manager.
Section 7. Employees serving an original probationary period shall be ineligible to
receive educational incentive pay.
ARTICLE 20. TUITION REIMBURSEMENT
Section 1. Tuition Reimbursement
A. Hil!:her Education Del!:l'ee Prol!:rams
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 at the tuition rate of
the Cal State University system for full-time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the course. Successful
completion means a grade of "C" or better for undergraduate courses and a grade of "B"
or better for graduate courses. 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.
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
9
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.
ARTICLE 21. 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.
ARTICLE 22. TRAINING PROGRAMS
Section 1. 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.
Section 2. Employees attending City approved P.O.S.T. training programs requiring an
overnight stay(s) will receive a per diem allowance or provided as prescribed by P.O.S. T.
Section 3. When an employee is sent by the City to a training program which is not a
part of hislher 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.
ARTICLE 23. HOLIDAYS
Section 1. RecolIDized Holidavs
for pay purposes, the following holidays are recognized and are included in holiday
compensation of 148 hours which are paid to members over 26 payroll periods each
calendar year:
New Year's Day
Martin Luther King Day
Presidents'Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Eve
Christmas Day
2 floating Holidays
(January 1)
(3rd Monday in January)
(3rd Monday in February)
(Last Monday in May)
(July 4)
(1st Monday in September)
(November 11)
(4th Thursday in November)
(December 24)
(December 25)
10
Section 2 Hardshio Comoensation
In addition, employees who have the hardship of working on one of the below designated
holiday shall earn, at the base rate of pay, a corresponding number of hours to the hours
worked on said holiday. The employee may choose to be compensated as time off or pay.
New Year's Day
Independence Day
Thanksgiving Day
Christmas Day
Floating Holiday
(January 1)
(July 4)
(4th Thursday in November)
(December 25)
Floating Holiday - Floating holiday may be individually selected by the employee subject to
the approval of the Chief of Police. Approval will not be granted if it would require the
Department to backfill their position with another officer at time and one-half to maintain
necessary staffing/deployment levels.
Employees shall choose their floating holiday as follows:
Patrol - Any Federally recognized holiday or the day after Thanksgiving, the
day after Christmas, or the employee's birthday.
AdministrativelInvestigations - Any Federally recognized holiday, day after
Thanksgiving, day after Christmas, or the employee's birthday.
Section 3. Holiday Compensation - Employees covered by this Memorandum of
Understanding shall be entitled to one hundred forty-eight (148) compensated holiday
hours per calendar year.
Section 4. Employees who work on a designated recognized holiday shall earn, at the
straight time, a corresponding number of hours to hours worked on said holiday. The
employee may choose to be compensated as time off, pay, or Compensatory Time Off.
Hours earned as "Personal Holiday" hours will be credited to the Floating
Holiday/Administrative Leave bank.
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION
The City reserves the right to select the insurance carrier or administer any fringe benefit
program that now exist or may exist in the future during the term of this MOU, unless
otherwise specified within this MOU.
ARTICLE 25. FRINGE BENEFIT 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
11
retirees shall be no less than those in existence as of implementation of this MOU.
ARTICLE 26. FRINGE BENEFIT LIMITS
Section 1. City shall not pay premium or accrue any fringe benefits afforded with this
MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive
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.
Section 2. 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.
ARTICLE 27. FRINGE BENEFIT 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 28. HEALTH CARE COVERAGE
Section 1. Health Care Coverage. (This Section shall not be effective after December 31,
2007.)
AI. Effective January 1, 2007, for the employees covered by the terms of this
MOU, upon having completed thirty (30) days of uninterrupted service, the City shall pay
up to the following amounts for health and dental insurance:
For single employees. . . . . . . . . . . . . . . . . . . . . . . . . . $524/month
For employee + 1 dependent .... . . . . . . . . . . . . . . . . $778/month
For employee + 2 or more dependents. . . . . . . . . . . . . $964/month
*NOTE: Unused amounts may be applied to Dental Insurance.
A2. Effective January 2008 and January 2009, the above cap shall be increased by
average percentage increase of plan in Orange County. The percentage is determined by
CalPERS and published in the PERS PEMHCA Circular Letter issued each year under basic
plans.
B. For employees covered by the terms of this MOU, upon having completed thirty
(30) days of uninterrupted service, the City shall pay an additional contribution towards
dental insurance, as listed below:
For single employees. . . . . . .. . . . . . . .. . . . . . . . . .. $17 per month
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For two-party coverage....................... $31 per month
For family coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . $49 per month
C. Subject to Public Employees' Retirement System (PERS) administration
requirements, the City shall make available to eligible employees participation in the group
medical plans offered by PERS.
D. Employees who elect to waive enrollment in medical and dental coverage may
receive three hundred and ten dollars ($310) per month (upon showing proof of health
insurance coverage under an alternative plan.) Election fonns are available in the Personnel
Office.
Section 2. Health Care Coverage (This Section shall become effective on January 1, 2008.)
A. "Health Care Coverage"
The City shall contribute an equal amount towards the cost of Healthcare
coverage under PEMHCA for both active sworn and non-sworn employees and
retirees. The City's contribution toward coverage under PEMHCA shall be the
minimum contribution amount established by CalPERS on an annual basis.
Effective January 1, 2008 the City's contribution under PEMHCA shall be
$97.00.
Effective January I, 2008, the City shall implement a full flex cafeteria plan and
employees participating in the City's full flex cafeteria plan shall receive a flex
dollar allowance to purchase group health coverage under the City's Cafeteria
plan. The flex dollar allowance for 2008 shall be:
For single employees:
For employee + 1 dependent:
For employee + 2 or more dependents:
$550
$850
$1,100
A portion of the flex dollar allowance ($97.00) 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
Healthcare plans offered by PERS.
C. Employees who elect not to participate in the full flex cafeteria plan may receive
two hundred fifty dollars ($250) per month (upon showing proof of health insurance
coverage under an alternative plan.) Election forms are available in the Personnel Office.
Section 3. Health Insurance Plan for Retirees (This Section shall not be effective after
December 31, 2007.)
A. The City shall, subject to PERS administration requirements, make available
13
to eligible retirees participation in the PERS medical plans and shall contribute one dollar
($1.00) per each retired Seal Beach POA employee, should the employee elect to
participate in PERS medical benefits with the cost of the City's contribution to be
increased each future year by five percent (5%) of City's contribution for current POA
employees as reflected in Article VII, Section lA (reference to allowable contributions).
B. The City shall provide to any retired employee (either service or disability) who
is employed on August 1, 1983, and who has both fifteen (15) or more years of consecutive
City service and has attained the age of fifty (50) the following group Healthcare insurance
benefits:
1. The City shall pay for such retired employee and spouse, the percentage
of the group health care insurance premium (employee and one dependent) which is paid by
the City on behalf of its active employees on the date that such retired employee's retirement
is effective. Such percentage share of the premium cost shall remain unchanged throughout
the lifetime of the retired employee, even though the percentage share of the group
hea1thcare insurance premiums paid by the City to active employees may change from time
to time. For example, if the group hea1thcare insurance premiums for an employee and
spouse was three hundred dollars ($300) per month and if the City and the Association were
to agree in the future that the City would pay two hundred eighty five dollars ($285) of this
monthly premium, then an employee retiring at such time would be entitled to a City
payment equal to ninety-five percent (95%) of whatever the group healthcare insurance
premium cost is for an employee and spouse, as it may from time to time exist through that
retired employee's lifetime.
2. The substantive nature and description of the group hea1thcare insurance
policy and the benefits thereunder for the retired employee shall be identical to the policy
and benefits to which an active employee is entitled. Therefore, it is understood that the
benefits to which a retired employee is entitled pursuant to this MOU Section, can, and will
almost certainly, vary from year to year depending upon the nature and substance of
healthcare insurance and plans agreed to from year to year by the City and the Association.
Therefore, the nature and substance of policy benefits can increase remain constant or
decrease in accord with the provision.
3. In order to maintain eligibility for the group healthcare insurance benefits
described herein, eligible retired employees shall participate to the fullest extent possible, in
those benefits provided under Title 18 of the Social Security Act (commonly known as
Medi-Care). However, no such participation shall cause the retired employee to receive
lesser group healthcare insurance benefits than he or she would otherwise be entitled to as
an active employee, nor shall such participation cause the retired employee's spouse to
receive lesser benefits than such spouse would be eligible for if the retired employee were
an active employee.
4. Any retiree receiving benefits as described herein may elect to continue
healthcare coverage for dependents at his or her own expense.
5. Within thirty (30) days after meeting the eligibility requirements stated
above for the receipt of premium payments by the City, the retired employee shall notifY the
14
City in writing whether he or she desires to participate in the group healthcare insurance
program provided herein for retirees. If the retired employees fail to timely give such
notice, any and all rights and benefits provided this Section shall be deemed waived by such
employee. In the event that the retired employee gives such notice within thirty (30) days,
such retired employee shall have a vested right to receive the group healthcare insurance
benefits provided by this Section, and therefore, no future actions of the Association and/or
the City shall diminish such payments received by the retired employee.
6. If any individual retires before reaching age fifty (50), the individual shall
have the option at his or her own expense, of enrolling himself or herself and any
dependents in said group healthcare policy as it from time to time exists. Additionally, any
retired employee, employed on August 1, 1983 and who has fifteen (15) or more years on
consecutive City service, but has not obtained the age of fifty (50), has the option of
participating in the City group hospital and healthcare insurance plans, all at the employee's
expense: upon attaining age fifty (50) such employee will be eligible for the benefits of
subsections 1 and 5 of this section.
Section 4. Health Insurance Plan for Retirees (This Section shall become effective on
January 1,2008.)
A. The City shall provide to any sworn retired employee (either service or disability)
who is employed on August 1, 1983, and who bas both fifteen (15) or more years of
consecutive City service and has attained the age of fifty (50) the following group
Healthcare insurance benefits:
I. The City shall pay for such sworn retired employee and spouse, the
percentage of the group health care insurance premium (employee and one dependent)
which is paid by the City on behalf of its active employees on the date that such retired
employee's retirement is effective. Such percentage share of the premium cost shall remain
unchanged throughout the lifetime of the retired employee, even though the percentage
share of the group healthcare insurance premiums paid by the City to active employees may
change from time to time. For example, if the group healthcare insurance premiums for an
employee and spouse was three hundred dollars ($300) per month and if the City and the
Association were to agree in the future that the City would pay two hundred eighty five
dollars ($285) of this monthly premium, then an employee retiring at such time would be
entitled to a City payment equal to ninety-five percent (95%) of whatever the group
healthcare insurance premium cost is for an employee and spouse, as it may from time to
time exist through that retired employee's lifetime.
2. The substantive nature and description of the group healthcare insurance
policy and the benefits thereunder for the retired employee shall be identical to the policy
and benefits to which an active employee is entitled. Therefore, it is understood that the
benefits to which a retired employee is entitled pursuant to this MOU Section, can, and will
almost certainly, vary from year to year depending upon the nature and substance of
healthcare insurance and plans agreed to from year to year by the City and the Association.
Therefore, the nature and substance of policy benefits can increase remain constant or
decrease in accord with the provision.
IS
3. In order to maintain eligibility for the group health care insurance benefits
described herein, eligible retired employees shall participate to the fullest extent possible, in
those benefits provided under Title 18 of the Social Security Act (commonly known as
Medi-Care). However, no such participation shall cause the retired employee to receive
lesser group healthcare insurance benefits than he or she would otherwise be entitled to as
an active employee, nor shall such participation cause the retired employee's spouse to
receive lesser benefits than such spouse would be eligible for if the retired employee were
an active employee.
4. Any retiree receiving benefits as described herein may elect to continue
healthcare coverage for dependents at his or her own expense.
5. Within thirty (30) days after meeting the eligibility requirements stated
above for the receipt of premium payments by the City, the retired employee shall notify the
City in writing whether he or she desires to participate in the group healthcare insurance
program provided herein for retirees. If the retired employees fail to timely give such
notice, any and all rights and benefits provided this Section shall be deemed waived by such
employee. In the event that the retired employee gives such notice within thirty (30) days,
such retired employee shall have a vested right to receive the group healthcare insurance
benefits provided by this Section, and therefore, no future actions of the Association and/or
the City shall diminish such payments received by the retired employee.
6. If any individual retires before reaching age fifty (50), the individual shall
have the option at his or her own expense, of enrolling himself or herself and any
dependents in said group healthcare policy as it from time to time exists. Additionally, any
retired employee, employed on August 1, 1983 and who has fifteen (15) or more years on
consecutive City service, but has not obtained the age of fifty (50), has the option of
participating in the City group hospital and healthcare insurance plans, all at the employee's
expense: upon attaining age fifty (50) such employee will be eligible for the benefits of
subsections 1 and 5 of this section.
B. The City shall provide to any sworn retired employee (either service or
disability) who is employed after August 1, 1983 and retires on or before December 31,
2009, and who has attained the age of fifty (50) the following group Healthcare 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 sworn retired employee and one dependent,
depending on the qualified dependent status, the group health care insurance premium for
the plan selected by the retired employee, excluding PERS Care. When the sworn retired
employee becomes Medicare eligible, the City shall pay for such sworn retired employee
and one dependent, depending on the qualified dependent status, the group healthcare
insurance premium for the Medicare supplement plan selected by the retired employee,
excluding PERS Care Medicare Supplement.
2. 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 for the plan selected
16
by the retired employee, excluding PERS Care. When the sworn retired employee becomes
Medicare eligible, the City shall pay for such retired employee and dependents, depending
on the qualified dependent status, the group health care insurance premium for the Medicare
supplement plan selected by the retired employee, excluding PERS Care Medicare
Supplement.
3. Sworn employees that were hired on or before August 1,1983 and retires
(either service or disability) after December 31, 2007 and on or before December 31, 2009,
may voluntarily elect to be subjected to the terms of the above subsection 2.
C. The City shall provide to any sworn 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 Healthcare 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 sworn retired employee at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the
CalPERS Kaiser HMO, whichever is greater. When the sworn 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 CalPERS
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 care plans offered by CalPERS, or (b) the
CalPERS Kaiser HMO, whichever is greater. When the sworn 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 CalPERS
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 CalPERS, or (b) the
CalPERS 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 CalPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
D. The City shall provide to any sworn 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:
1. The City shall contribute at the minimum rate under PEMHCA as
mandated by CalPERS.
17
E. In all cases, the City's contribution for eligible dependent coverage for retirees
shall terminate with the death of the retiree.
F. In the event an eligible retired employee resides in an area where the health
plans provided by the City are not in effect, that retired employee shall be entitled to
receive in cash each month an amount equal to the monthly contribution the City would
otherwise have contributed to that retired employee toward health and dental insurance
premiums.
Section 5. Health Insurance Plan for Retiree's - Non-Sworn
A. Shall have the option upon retirement, through the Public Employees
Retirement System Health Program (PERS), to continue participation in the City's health
insurance program at the employee's expense.
Section 1. Those qualified non-sworn positions with 20 or more combined years of
employment with the City, have reached 55 years ofage, and retires before December 31,
2009, shall be provided with individual health insurance coverage through the Public
Employees Retirement System Health Program (PERS). If said employee has 30 or more
combined years of employment with the City upon retirement, eligible dependent health
insurance coverage shall also be provided through the Public Employees Retirement
System Health Program.
Section 2. Those qualified non-sworn positions with 20 or more combined years of
employment with the City, have reached 55 years ofage, and retires after December 31,
2009, shall be provided with individual health insurance coverage through the Public
Employees Retirement System Health Program (PERS) capped at the rate of Kaiser
HMO. If said employee has 30 or more combined years of employment with the City
upon retirement, eligible dependent health insurance coverage shall also be provided
through the Public Employees Retirement System Health Program capped at the rate of
Kaiser HMO.
Section 3. Those qualified non-sworn positions hired by the City on or after January I,
2008, with 20 or more combined years of employment with the City, have reached S5
years of age, and retires after December 31, 2009, shall be provided with individual
health insurance coverage through the Public Employees Retirement System Health
Program (PERS) capped at the PEMHCA minimum as designated by CalPERS. If said
employee has 30 or more combined years of employment with the City upon retirement,
eligible dependent health insurance coverage shall also be provided through the Public
Employees Retirement System Health Program capped at the PEMHCA minimum as
designated by CaIPERS.
Section 4. In all cases, the City's contribution for eligible dependent coverage for retirees
shall terminate with the death of the retiree.
Section 5. In the event an eligible retired employee resides in an area where the health
plans provided by the City are not in effect, that retired employee shall be entitled to
18
receive in cash each month an amount equal to the monthly contribution the City would
otherwise have contributed to that retired employee toward health and dental insurance
premiums.
ARTICLE 29. LIFE INSURANCE
Section 1. The City shall pay one hundred percent (100%) of the premium for a term life
insurance policy with a face value of thirty-seven thousand dollars ($37,000), double
indemnity accidental death and dismemberment (AD&D), and a dependent death benefit
in the amount of one thousand dollars ($1,000) per dependent.
Section 2. For the position of Police Records Supervisor, the City shall pay one hundred
percent (100%) of the premium for a term life insurance policy with a face value of fifty
thousand dollars ($50,000) double indemnity accidental death and dismemberment
(AD&D), and a dependent death benefit in the amount of one thousand dollars ($1,000) per
dependent.
ARTICLE 30. 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 and such modification made a part of the MOU.
ARTICLE 31. SECTION 125 PLAN
The City will provide a Section 125 Plan (pre-taxed deduction) for health, dental and
child care expenses. This plan will allow for payroll deduction from the employee's
salary as designated by the employee for the purpose of participation. The maximum
contributable dollar amount and plan year length is administered and determined by the
Personnel Department at the direction of the City Manager.
ARTICLE 32. ANNUAL PHYSICAL
The City shall provide a physical exam periodically as indicated below for the purpose of
detecting heart trouble and cancer for sworn members of the Association. 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
City as well as the employee together with specifics of corrective treatment.
Physical Exam Schedule:
New Employee
2nd year following appointment
19
Employee under 40
Employee 40 & Over
Alternate years
Every year
ARTICLE 33. RETIREMENT
Section 1. The City shall make contributions for the public safety personnel covered by
this MOU to the PERS plan known as three percent at fifty (3%@50) with those benefit
options as provided for in the contract between the City and PERS. Modification(s) to
the contract shall be made only after the City has met and conferred with the Association
and such modification(s) made a part of the contract between the City and PERS
consistent with the requirements ofPERS.
Section 2. The City shall make contributions for the non-sworn personnel covered by
this MOU to the PERS plan known as two percent at fifty-five (2%@55) with those
benefit options as provided for in the contract between the City and PERS.
Modification(s) to the contract shall be made only after the City has met and conferred
with the Association and such modification(s) made a part of the contract between the
City and PERS consistent with the requirements ofPERS.
Section 3. The City shall pay all the employees' contribution to their retirement plan and
place it in the employees' individual PERS retirement accounts.
ARTICLE 34. HOURS OF WORK - WORK PERIOD
Section I. 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) continuous hours (fourteen (14)
consecutive days). All full-time law enforcement personnel shall be regularly assigned one
of the following work schedules:
I. "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 workweek consisting of ten (10) hours/day, four (4)
days/week.
3. "Five-eight" - a workweek consisting of eight (8) hours/day, five (5)
days/week.
Section 2. Three- Twelve Work Schedule
A. The standard workweek shall be thirty-seven (37) hours or forty-nine (49) hours
depending on the number of days worked in a workweek pursuant to A.l. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during
20
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.
Section 3. Reporting to California Public Employees Retirement System (PERS) - All
regular hours worked, regardless of work schedule, shall be reported to PERS.
ARTICLE 35. OVERTIME COMPENSATION
Section 1. Overtime Defined
A Three-Twelve (3-12) Workweek
Time worked in excess of eighty-six hours in a FLSA work period as defined in Article 36,
Section lAl. or time worked on scheduled days off.
B. Four-Ten (4-10) Workweek
Time worked in excess offorty (40) hours in a workweek as defined in Article 36 Section
l.A2.
C. Five-Eight (5-8) Workweek
Time worked in excess offorty (40) hours in a workweek as defined in Article 36 Section
l.A3.
Section 2. Compensation for Overtime
A Authorized non-FLSA overtime shall be compensated in payor compensatory
time at the rate of one-and-one-half (1-112) times the straight time hourly equivalent of the
base monthly pay rate.
B. In computing overtime for a regular work week or 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.
C. If members regular work schedule in any fourteen (14) day FLSA cycle is less
than eighty-six (86) hours, they will be paid overtime for those hours worked above their
regular work schedule.
Section 3. Compensatory Time - Employees may elect to receive compensatory time in
lieu of pay for overtime subject to A. and B. below.
A Should an employee desire to take compensatory time off, he/she shall
provide reasonable notice, i.e., no less than fourteen (14) days (one payroll cycle), and
file a written request with the Chief of Police. The Chief shall grant compensatory time
off based on departmental manpower needs. If an employee fails to provide fourteen (14)
days (one payroll cycle) advance notice to the Chief, the Chief shall consider the request
for compensatory time off and has discretionary authority to grant or deny the request.
B. Employees shall be permitted to accumulate a maximum of seventy-five (75)
hours of compensatory time. An employee who accumulates an excess of seventy-five
(75) hours of compensatory time will be reimbursed within the pay period earned for that
amount in excess of seventy-five (75) hours.
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C. An employee may, upon written request submitted to and approved by the
City Manager, receive reimbursement for the requested number of hours of accrued
compensatory time 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. Approval for Overtime - In order for an employee to earn compensation for
overtime, he/she must receive a 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 36. VACATION
Section 1. Eligibility - All permanent 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 current rate of pay.
Section 2. Accrual- Vacation hours are accrued as follows:
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 permanent employee to the anniversary
date concluding the full year of the designated year.
C. All eligible unit employees hired after February 1, 1998, will accrue vacation
leave by the following schedule:
Max Hourly Accrual Annual
Years ofSvc Hours 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 prior to February 1, 1998, shall accrue vacation
leave by the following schedule:
Years ofSvc
Hourly Accrual Rate Per Pay Period
Annual Accrual Rate
0-5 Years
6
7
8
9
4.615
4.923
5.231
5.486
5.539
120 hours
128 hours
136 hours
144 hours
152 hours
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10-15
16+
6.154
7.692
160 hours
200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of 400 hours.
B. The accrual of vacation shaI1 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 - Vacation is granted as follows:
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.
B. Employees who have completed five (5) years or more of continuous service
may elect to be paid for up to a maximum of forty (40) hours of accrued vacation on an
annual basis provided that forty (40) or more hours have been taken as vacation time off
during the course of the prior twelve (12) months. Request for payment shall be made
thirty (30) days prior to the employee's anniversary date of employment or in conjunction
with a vacation request offorty (40) or more hours.
Section 5. Vacation Payment at Termination - Employees terminating employment shall
be paid in a lump sum for all accrued vacation leave no later than the next regular payday
following termination. If the termination is due to death of the employee, the employee's
beneficiary designated on the City's life insurance policy form in the employee's
personnel file 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 leave 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 hislher vacation and, thereby receive double compensation from
the City.
ARTICLE 37. LEAVE OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay - Authorized Leave of Absence
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Without Pay is granted as follows;
A. Upon the Chief of Police's 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, after notice to return to duty, the
employee shall be reinstated to the position held at the time leave was granted. Failure
on the part of the employee to report promptly at such leave'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
Memorandum of Understanding, except that the City shall contribute to an employee's
medical and dental health plan, disability insurance plan, life insurance plan for the first
thirty (30) days of the leave of absence.
ARTICLE 38. UNAUTHORIZED LEAVE OF ABSENCE
Unauthorized leave of 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 leave of absence may be subject to disciplinary
action, up to and including termination of employment.
ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of bereavement leave of
absence, by the reason of the death in their family which shall be restricted and limited to
immediate family by reason of biology, marriage, or adoption, or all degree of relatives
not listed but living within the household of the employee. Family lineage covered by
this provision:
Spouse or Registered Domestic Partner
Father and Mother (Including Step parents and adoptive parents)
Father and Mother In-Law
Grandparent
Brother and Sister (Including step sibling or sibling due to legal adoption)
Child (Including step child, child due to marriage or legal adoption)
Grandchild (Including step grandchild, due to marriage or legal adoption)
and all degree of relatives not listed but living within the household of the employee
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ARTICLE 40. MILITARY LEAVE OF ABSENCE
Section 1. 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.
Section 2. In addition to provisions of State law, the City shall continue to provide
eligible employees on military leave the current health benefits (medical, 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 for 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.
ARTICLE 41. PREGNANCY DISABILITY LEAVE OF ABSENCE
Section 1. An employee who is disabled due to pregnancy shall be granted a pregnancy
disability leave for a minimum of three (3) months provided that a lesser period may be
granted upon request of the employee.
Section 2. Pregnancy Disability Leave (PDL) runs concurrently with FMLA and CFRA
leave.
Sections 3. Disability arising out of pregnancy shall be treated the same as other
temporary disabilities in terms of eligibility for sick leave with or without pay, extended
sick leave, or accumulated sick leave.
Section 4. Employees are encouraged to report the existence of pregnancy. Where the
nature of the duties performed is hazardous or burdensome, the employee m.ay be
required to submit medical evidence as to fitness for the performance of duties of the
position.
Section 5. Employee shall be placed on medical leave when the employee's physician
states that medical disability would interfere with the performance of the duties of the
position or continuing work would be hazardous. Should disagreement arise between the
Chief of Police and the employee's physician as to the hazardous nature of the job or the
ability of the employee to perform the usual and customary duties of the position, a
physician representing the City, to the extent protected by law, will resolve the conflict.
Section 6. Following childbirth and upon release from medical treatment for the
disability resulting from the pregnancy, the employee must submit a medical statement of
fitness to perform the duties of the position to the Personnel Department. At that time, a
determination will be made for a return to work date with reinstatement to be
accomplished as expeditiously as is reasonably practicable.
ARTICLE 42. JURY DUTY
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Section I. Jury Duty is granted as follows:
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
Administrative Services (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 Administrative Services (Finance) Department.
B. If the sum of the employee's jury duty responsibility is less than a full work
day, the employee shall contact his supervisor as to the feasibility of returning to work
that day.
ARTICLE 43. SICK LEAVE
Section 1. Accrual - Sworn Positions
A. Sick leave shall be accrued at the rate of twelve and one-third (12-113) 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 the established sick leave bank at the rate of twelve and one-
third (12-1I3)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.
C. Employees who are on authorized leaves of absence, without pay, shalll)ot
accrue sick leave hours during said leaves of absence.
D. There is no limit on the amount of sick leave that an employee may accumulate.
E. 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 retirement as determined by
the City.
2. Employees who have completed fifteen (15) years of service with the
City shall be paid for accumulated sick leave in the lesser amount of (i) twenty-five percent
(25%) of his accumulated sick leave at the employee's final hourly rate of payor (ii) two
thousand five hundred dollars ($2,500). Accumulated sick leave shall not be used to
postpone the effective date of retirement as detennined by the City. Remaining sick leave
hours are converted to 8 hour days and reported to CalPERS for service credit.
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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 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 I.B above, and is not eligible for this
payout provision.
Section 2. Sick Leave During Vacation - An employee who becomes ill while on
vacation may have such period of illness charged to hislher accumulated sick leave
provided as follows:
A. Immediately upon return to duty, the employee submits to hislher supervisor a
written request for sick leave and a written statement signed by hislher physician
describing the nature and dates of the illness.
B. The Chief of Police recommends and the City Manager approves the granting
of such sick leave.
Section 3. 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 form the illness, provided:
A. The employee has used all 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.
C. Prior to resuming hislher 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) days. If the employee desired
an extension, he/she shall follow, prior to the termination of the initial leave, the
procedure described in Section 3.B above.
Section 4. Sick Leave Accrual and PaYment Police Records Sunervisor Position
A. All full-time employees covered by this resolution shall accrue sick leave at
the rate of one day per month (10 hours). The maximum accrual of sick leave hours shall
be 520 hours.
B. Existing sick leave balances which have remained intact and have not been
converted to leave time may be utilized by the employee for sick leave purposes only.
27
C. Upon termination of employment with the City, all leave hours will be paid to
the employee at the employee's base rate of pay. Existing sick leave balances, which
have remained intact and have not been converted to leave time, will be paid to the
employee upon termination at one-quarter (25%) of the employee's base rate of pay.
D. Employees who are on authorized leaves of absence, without pay, shall not accrue
sick leave hours during said leaves ofabsence.
Section 5. General Sick Leave Provisions - Sick leave shall not granted for disability
arising from any sickness or injury purposely self-inflicted or caused by an employee's
own willful misconduct and negligence.
Section 6. The Sick Leave during Vacation and Extended Sick Leave provisions in
above Section 2 and 3 is also applied to the position of Police Records Supervisor.
Section 7. Fitness for Duty - The Chief of Police may require employees to present
proof of physical fitness for duty for sick leaves in excess of three (3) consecutive
working days for those on a twelve (12) hour shift and in excess of four (4) consecutive
working days for those on other shifts.
ARTICLE 44. CATASTROPIDC LEAVE
Section 1. Establishment - In a side letter agreement between the City and the
Association signed on August 8, 2005, a Catastrophic Leave Program for the Association
was established which allows donation of paid time for members of the Association.
Section 2. 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 bank balances and who will suffer a fmancial 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:
A. Catastrophic Leave will be available only to employees who have exhausted
their own paid leave through bona fide serious illness or accident.
B. The leave poOl shall be administered by the Administrative Services (Finance)
Department.
C. Employees must be in regular full-time appointed positions to be eligible for
catastrophic leave.
D. 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.
28
E. All donations are to be confidential, between the donating employee and the
Administrative Services (Finance) Department.
F. Employees donating to the pool must have forty (40) hours of paid leave
available after making a donation.
G. 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.
H. Donations will be subject to applicable tax laws.
I. The availability of Catastrophic Leave shall not delay or prevent the City from
taking action to medically separate or disability retire an employee.
J. Catastrophic Leave due to illness or injury of an immediate family member
may required medical justification as evidenced by a Physician's Statement that the
presence of the employee is necessary.
K. Catastrophic Leave due to i1Iness or injury of the employee will require
medical justification as evidenced by a Physician's Statement as to the employee's
condition.
ARTICLE 45. FAMILY LEAVE (FMLAlCFRA)
Family Leave (FMLAlCFRA) request procedures are established by City Manager
Administrative Directive, Section 200-21 and are incorporated herein by reference, and
shall govern.
ARTICLE 46. ON-THE-JOB INJURY
Sworn 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 benefits of
California Labor Code, Section 4850, as the Section now exists or is hereinafter
amended. Any payment made pursuant to this section shall not charged as sick leave;
sick leave and vacation benefits shall accrue during the period of disability pursuant to
the provisions of California Labor Code, Section 4850.
ARTICLE 47. OFF-THE-JOB INJURY
An employee injured outside of hislher service with the City shall be compensated
through the disability insurance plan provided by the City.
ARTICLE 48. PERSONNEL RULES AND REGULATIONS
29
Section 1. The Association and the City have met and conferred regarding presentation
for the approval of the citizens of the City of Seal Beach to abolish the Civil Service
Commission from the City's Charter in the March 2006 election, the Personnel Rules and
Regulations are incorporated herein by reference, and shall govern.
Section 2. The Association and the Union agree that all City Council Policies and City
Manager Administrative Directives are incorporated herein by reference, and shall
continue to govern.
ARTICLE 49. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period - Regular full-time appointment is
granted as follows:
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 for the approval of City Manager. Said
extension shall not exceed one hundred and eighty (180) days. The Personnel
Department shall notify the Chief of Police and the probationer concerned no less than
two 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 the Personnel Department 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 hislher position,
and for rejecting any probationary employee whose performance does not meet the
required standards of the Department.
Section 3. Employee Performance Appraisal- Appraisal are conducted as follows:
A. Each probationary employee shall have his performance evaluated at the end
of each three (3) months of service or at a more frequent interval when deemed necessary
by the Chief of Police. Permanent employees shall have their pcrformanec 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 the Personnel
Department.
B. The written appraisal report of an employee's performance evaluation shall be
filed in triplicates, the original to be filed with the Personnel Department and made a part
of the employee's personnel records, one copy to be retained by the Department, and one
copy to be given to the employee.
30
Section 4. Rejection of Probationary Employee - A probationary employee can be
rejected as follows:
A. During the probationary period an employee may be suspended, demoted, or
rejected anytime by the Chief of Police, with the approval of the City Manager, without
cause and without right of appeal, except the right of appeal of punitive actions as may be
provided by law. Notification of rejection in writing shall be served on the probationary
employee and a copy with the Personnel Department. 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/her
reputation or seriously impairs his/her opportunity to earn a living, or which might
seriously damage his standing and association in this 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 Bach 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.
ARTICLE 50. LAYOFF PROCEDURES
The policy for layoff procedures in the City of Seal Beach's Rules and Regulations are
incorporated herein by reference, and shall continue to govern.
ARTICLE 51. MOU REOPENERS
Section I. The parties shall reopen any provision of this MOU for the purpose of
complying with any fmal 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.
Section 2. Upon the request of either the City or the Association, this MOU shall be
reopened to discuss retiree medical insurance. Issues to be discussed include the possible
implementation of retiree health savings accounts, compliance with GASB 45 or PERS
regulations, voluntary employee benefit accounts etc.
Section 3. At the request of the Association, the City agrees to meet with the Board
mcmbCl1l ofthc Associalion on or aftcr July 1,2008 llI1d July 1, 2009 to discuss the flex
dollar allowance of the City's full flex cafeteria plan.
ARTICLE 52. CELL PHONES
Effective January 2006 all members of the Association will receive a seventy-five dollars
($75) per month cell phone allowance. Members will provide their own phone/plan for
use on City business.
31
ARTICLE 53. NO STRIKE - NO LOCKOUT
Section 1. The Association, its officers, agents, representatives and/or members agree
that during the tenn of this MOU they will not cause or condone any strike, walkout,
slowdown, sickout, or any other job action by withholding or refusing to perfonn
services.
Section 2. The City agrees that it shall not lockout 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 of employees
of the City in the exercise of its rights as set forth in any of the provisions of this MOU or
applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above
may be subject to disciplinary action up to and including discharge.
Section 4. In the event that anyone or more officers, agents, representatives or members
of the Association engage in any of the conduct prohibited in Section 1 above, the
Association shall immediately instruct any persons engaging in such conduct that they
must immediately cease engaging in conduct prohibited in Section 1 above and return to
work.
ARTICLE 54. EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of
God, fire, flood, insurrection, civil disorder, national emergency or similar circumstances
if the City Manager or his designee so declares, any provisions of this MOU or the
Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to
these emergencies, shall be suspended for the duration of such emergency. After the
emergency is declared 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
MOU and any personnel rules and policies.
ARTICLE 55. SEPARABILITY PROVISION
Should any provision of this 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.
ARTICLE 56. SAVINGS CLAUSE
Section 1. Both parties declare that the sections, paragraphs, sentences, clauses and
phrases of this Memorandum of Understanding are severable, and if any phrase, clause,
sentence, paragraph or section of the Memorandum of Understanding hereby adopted
32
shall be declared unconstitutional or otherwise invalid by the judgment or decree of a
court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
of the remaining phrases, clauses, sentences, paragraphs and sections of this
Memorandum of Understanding.
ARTICLE 57. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratified of the required number of 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.
For the City:
For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:
Date:
Date:
Sergeant Joe Miller
David Carmany, City Manager
Date;
Sergeant Ron LaVelle
Date:
Sergeant Jim Johnson
33
EXHmIT 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 staffmg
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each 6 month period. Officers may receive up to
20 hours of vacation time by meeting the requirements of the test at the end of each six
month period. The maximum time each officer will be able to achieve is up to 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 S.B.P.O.A. M.O.U.
TESTING
Each officer participating will be tested every six 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: year and six 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 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.
Initial program tests will be conducted in February 1998, June 1998 and December 1998.
ALLOCATION OF HOURS
Employees will be awarded four 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 of the five tests. For the December 1998 testing
only, employees shall receive eight (8) hours per successfully completed test.
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two to be
appointed by the SBPOA Board of Directors, and two 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
34
matters.
VALIDATED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated medical problems are those diagnosed by a physician as limiting
participation in a certain activity.
REOUIRED TEST
The physical fitness needs of Police Officers fall into three areas:
Cardio Fitness
Strength
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
MEDICAL 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.
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a 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 30-34 35-39 40-44
Below Below Below Below
Excellent 10:15 11:00 11:30 12:00
Good 10:16-12:00 11 :01-12:30 11:31-13:00 12:01-13:30
Fair 12:01-14:30 12:31-15:00 13:01-15:30 13:31-16:00
Poor 14:31-16:30 15:01-17:00 15:31-17:30 16:01-18:00
Very Poor 16:3 I-Above 17:0 I-Above 17:3 I-Above I 8:0 I-Above
Maint. Level 11:00 12:00 t2:30 13:00
Minim. Level 14:30 15:15 15:30 15:45
40-49 50+
35
Excellent
Good
Fair
Poor
Very Poor
Maint. Level
Minim. Level
Below
12:15
12:16-13:45
13:46-]6:15
16:16-18:15
18:16-Above
13:30
16:00
Below
12:30
12:31-14:30
14:31-17:00
17:01-19:00
19:01-Above
14:00
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. Officer's
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 handcuff mg.
Excellent
Good
Fair
Poor
Very Poor
Maint. Level
Minim. Level
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.
Under 30
43 -
28-42
20-27
5-19
4-Below
40
18
30-39
37 -
23-36
17-22
3-16
2-Below
35
15
40-49
30-
20-29
15-19
2-14
2-Below
25
13
50+
25+
17-24
12-16
2-11
I-Below
18
II
In lieu of pull-ups, officers may choose to do the "La Pull". Officers are required to pull
down 70 percent of their body weight ten 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
Foor 5 3 2 I
VeryFoor 4 & above 2 & under I & under 0
Maint. Level 8 6 5 4
Minim. Level 5 3 2 I
SIT-UPS
Officer starts by lying on hislher 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 .
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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 abdomiual muscle development, excessive fat tissue and lower back problems.
*1 CONTINUOUS MINUTE *
Excellent
Good
Fair
Poor
Very Poor
Maint. Level
Minim. Level
Under 30
51 & above
40-50
35-39
24-34
23 -
45
30
30-39
45 & above
3444
29-33
18-28
17 -
40
25
40-49
40 & above
27-39
20-26
7-19
6-
35
20
50+
36 & above
23-39
16-22
6-15
5 -
30
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 +I 0" & below +9" & below +8" & below +7" & below
Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" o to +6.5"
Fair + 1.5" to 3.5" +)" to 3" -2" to +.5" _3" to -.5"
Poor -4.5" to +1" ~.5" to +.5" -9" & above -10" to 3.5"
Very Poor -5" & above -7" & above -9.5 & above -10.5"& above
Maint. Level +5" +4" +1" 0"
Minim. Level 0" -2" -4" -5"
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