HomeMy WebLinkAboutCC AG PKT 2010-09-13 #I AGENDA STAFF REPORT
DATE: September 13, 2010
•
TO: Honorable Mayor and City Council
THRU David N. Carmany, City Manager
FROM: Jill R. Ingram, Assistant to the City Manager
SUBJECT: MEMORANDUMS OF UNDERSTANDING (MOUs)
BETWEEN THE CITY OF SEAL BEACH AND THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
AND THE SEAL BEACH POLICE MANAGEMENT
ASSOCIATION
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6054 Approving the Memorandums of
Understanding (MOUs) 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 1, 2010.
BACKGROUND:
The City, the Seal Beach Police Officers Association, and the Seal Beach Police
Management Association met jointly and collectively bargained in good faith and
the terms and conditions of a tentative agreement were reached on September 1,
2010. Representing the City were City Manager David Carmany, Administrative
Services Director Robbeyn Bird, Assistant to the City Manager Jill Ingram, and
Chief of Police Jeff Kirkpatrick. Based upon such collective bargaining, the City
and the Seal Beach Police Officers Association (SBPOA) and Seal Beach Police
Management Association (SBPMA) drafted a Memorandum of Understanding for
each respective group.
The memoranda of understanding attached to Resolution No. 6054, respectively,
incorporate the terms and conditions of the agreements. The SBPOA and
SBPMA have accepted the terms, conditions and provisions set forth in each
MOU respectively, and authorized representatives have executed the MOUs
accordingly. Each MOU has a term of July 1, 2010 through June 30, 2013.
Attached to this staff report as Attachment B and C respectively are the red -lined
versions of both MOUs from the previous contract that expired on June 30, 2010.
Agenda Item
Page 2
Highlights of the terms of the new MOUs attached to Resolution No. 6054 in
Attachment A are as follows:
Article IX (SBPOA) & Article 33 (SBPMA) — Section 1. The City will contract
with Cal PERS for a 2 -tier retirement plan known as "2% at 50" for public
safety employees hired on or after the effective date of the plan. The
estimated percentage of payroll for the "2% at 50" plan is approximately
15.555% of payroll vs. approximately 20.66% of payroll for the "3% at 50"
plan (excluding 9% employee portion paid by the City).
4 Article XII ( SBPOA) & Article 23 (SBPMA) — Section 2. The City will
recognize 2 floating holidays each year (vs. 3 floating holidays that were
agreed upon through 4/13/09 side letter agreements).
4 Article VI — Section 8 (SBPOA) & Article 18 — Section 5 (SBPMA). Any unit
employee with 25 years of Seal Beach service would receive additional 5%
longevity pay (non - cumulative). Presently 5% at 10 years of service and 5%
at 20 years of service, including all public safety service from previous
agencies).
Article XIII — Section 2 (SBPOA) & Article 36 — Section 3 (SBPMA). Unit
employees would reach annual 200 hours accrued vacation at 20 years of
service (presently at 25 years of service).
4 Article VI — Section 11 (SBPOA) & Article 13 — Section 4 (SBPMA). All unit
employees currently employed on the effective date of the MOUs will receive
a one -time cash payment of $1,000 in lieu of a salary increase in Fiscal Year
2010 -11.
Article VIII — Section 1 (SBPOA) & Article 28 — Section 1 (SBPMA). All unit
employees will receive additional monthly flex dollar allowance for health care
coverage as follows:
$100 /month additional health care contribution effective January 1, 2011.
$200 /month additional health care contribution effective January 1, 2012.
$200 /month additional health care contribution effective January 1, 2013.
Calendar Year 2010 2011 2012 2013
For single employees: $550 $650 $850 $1,050
For employee + 1 dependent: $850 $950 $1,150 $1,350
For employee + 2 or more
dependents $1,100 $1,200 $1,400 $1,600
Page 3
Article V — Section 7 (SBPOA) & Article 3 — Section 1 (SBPMA). All unit
employees will receive salary increases as follows:
Fiscal Year 2010 -11 $1,000 one -time cash payment only
Fiscal Year 2011 -12 Minimum 2 %- Maximum 5% based upon CPI
Fiscal Year 2012 -13 Minimum 2 %- Maximum 5% based upon CPI
Of significance in this endeavor is that most public agencies have negotiated or
are finishing negotiations on reductions in employee total compensation
packages. It has been estimated that more than 25% of the reductions California
public agencies negotiated last year were permanent, and not snap -backs such
as furloughs. One implication of this change is greater personal responsibility for
retirement planning. As such, employees have a material vested interest in the
long -term financial integrity of the retirement system. No one pension plan
should be expected to provide for 100% of an individual's post- retirement
replacement income. Employees are expected to utilize personal savings
accounts and other sources of income during retirement. A suitable pension plan
is one that incorporates employees' use of personal income and post- retirement
needs into the benefit formula to enable a full- career public employee to
substantially maintain his or her lifestyle.
The higher pension formula multipliers that were authorized by legislation in 1999
(SB 400) and thereafter (3% at age 50, 2.7% at age 55, etc.) could exceed the
level of replacement income recommended by financial planners (75 to 85%
replacement income) for a full- career public employee, and long -term, the "3% at
age 50" formula was financially unsustainable for the City of Seal Beach.
Therefore, the "2% at age 50" formula multiplier that will apply to new hires on or
after the effective date of the new CaIPERS contract will ensure long -term fiscal
sustainability for the City.
FISCAL IMPACT:
Budget Amendment No. 11 -03 -01 (item "F ") is requesting an increase in
appropriation for $60,400.
A breakdown of the total estimated fiscal impact for each fiscal year is as follows:
'eSalaryf fiscal year)
w_s�.
0
2% CPI increase 5 /o CPI
increase
FY 2010/2011 no CPI increase no CPI increase
FY 2011/2012 $ 103,427.23 $ 195,394.60
FY 2012/2013 $ 62,537.81 $ 160,942.90
Page 4
Summary '
excluding Salary FY 2010 -11 FY 2011 -12 FY2012 -13 o
(per fiscal year)
Cash
Payment $ 31,000.00 $ - $ -� e o 0 00
25 Years w `
Longevity $ 5,419.44 $ 18,147.18 $ 18,549.03 •
Health Care
Contribution $ 18,600.00 $ 55,800.00 $ 74,400.00 $ 148 ;00;00
Vacation at 20 $ 5,378.74 $ 5,998.29 $ 6,298.20
years service
Total Per year $ 60,398.18 $ 79,94547 $ 99,247.23 a
excluding Salary
{. 1 Ye LL
O,vera ll!Summary .
(Perifiscal year) 2
Grand Total � t. • a
Including Salary $ 60,398.18 $ 183,372.70 $ 161,785.04 r>
w/2 %CPI ,
Grand Total �`
Including Salary $ 60,398.18 $ 275,340.07 $ 260,190.13 -59 8
w/ 5% CPI r
* *Note: Any potential impacts on overtime have not been included in this
summary.
RECOMMENDATION:
That the City Council adopt Resolution No. 6054, Approving the Memorandums
of Understanding (MOUs) 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 1, 2010.
SUBMITTED BY: NOTED AND APPROVED:
zJi fr ea.
. Ingram iy David N. Carmany
ssistant to the Ci y Manager City Manager
Attachments:
A. Resolution No. 6054 (including signed MOU's)
B. Seal Beach POA MOU (redlined version)
C. Seal Beach PMA MOU (redlined version)
Attachment "A ".
Resolution No. 6054
Signed MOU - POA
Signed MOU - PMA
RESOLUTION NUMBER 6054
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEMORANDUMS OF UNDERSTANDING
(MOUs) 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 1, 2010
WHEREAS, the City and the Seal Beach Police Officers Association and the
Seal Beach Police Management Association met jointly and
collectively bargained in good faith and reached an agreement on
Wednesday, September 1, 2010; and
WHEREAS, the City Council gave authority to the City Manager to place the
proposed MOUs on the agenda of the meeting of September 13,
2010 for City Council action; and
WHEREAS, the contracts between the City and the Associations are for the time
period of July 1, 2010 — June 30, 2013.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal
Beach hereby approves the Memoranda of Understanding (MOUs) between the
City of Seal Beach and the City Beach Police Officers Association and the Seal
Beach Police Management Association.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of September , 2010 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6054 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 13th day of September , 2010.
City Clerk
Seal Beach POA
SEAL BEACH POLICE OFFICERS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE I - RECOGNITION 1
Section 1. 1
Section 2. 1
Section 3.. 1
ARTICLE U - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS 1
Section 1. Dues and Benefit Deductions 1
Section 2. Other Deductions 2
ARTICLE III - CITY RIGHTS 2
Section 1. 2
Section 2. 3
ARTICLE IV - NON - DISCRIMINATION 3
Section 1. 3
Section 2. 3
ARTICLE V - COMPENSATION PLAN 3
Section 1. Basic Compensation Plan 3
Section 2. Advancement within Salary Grades 4
Section 3. Salary Increases Following Promotion 4
Section 4. Salary Decreases Following Demotion 4
Section 5. Adjustments of Salary Grades 5
Section 6. Salary and Benefits on Suspension 5
Section 7. Salaries during Term of Memorandum of Understanding 5
ARTICLE VI - SPECIAL PAY PROVISIONS 6
Section 1. Uniform Allowance and Safety Equipment 6
Section 2. Temporary Assignment Pay 6
Section 3. Court Time 7
Section 4. Call -back 7
Section 5. Training Programs 7
Section 6. Educational Incentive Pay - 8
Section 7. Stand -by Pay 9
I
Section 8. Experience Pay 9
-- For Employees Hired On or Before June 30, 2010: 9
-- For Employees Hired On or After July 1, 2010: 10
Section 9. Movie Detail 10
Section 10. Bilingual Compensation 10
Section 11. Cash Payment 11
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION 11
Section 1. Administration 11
Section 2. Selection and Funding 11
Section 3. Limits 11
Section 4. Changes 12
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND
DISABILITY INSURANCE 12
Section 1. Health Care Coverage 12
Section 2. Health Insurance Plan for Retirees 12
Section 3. Life Insurance Plan 13
Section 4. Disability Insurance Plan 13
Section 5. Premium Only Plan (pre -taxed deduction) 14
Section 6. Annual Physical 14
ARTICLE IX - RETIREMENT 14
Section 1. 14
Section 2. 14
ARTICLE X - HOURS OF WORK 14
Section 1. Work Period 14
Section 2. Three- Twelve Work Schedule 15
ARTICLE XI - OVERTIME COMPENSATION 15
Section 1. Overtime Defined 15
Section 2. Compensation for Overtime 16
Section 3. Compensatory Time 16
Section 4. Overtime Reporting 16
ARTICLE XII - HOLIDAYS 16
Section 1. 16
Section 2 17
Section 3 17
Section 4 19
II
ARTICLE XIII - VACATION 19
Section 1. Eligibility 19
Section2. Accrual 19
Section 3. Maximum Accrual 20
Section 4. Use of Vacation 20
Section 5. Vacation Payment at Termination 20
Section 6. Vacation Accrual During Leave of Absence 20
Section 7. Prohibition Against Working for City During Vacation 21
ARTICLE XIV - LEAVES OF ABSENCE 21
Section 1. Authorized Leave of Absence Without Pay 21
Section 2. Bereavement Leave 21
Section 3. Military Leave of Absence 22
Section 5. Unauthorized Absence 22
Section 6. Catastrophic Leave 22
ARTICLE XV - JURY DUTY 23
ARTICLE XVI - SICK LEAVE 24
Section I. General Sick Leave Provisions 24
Section 2. Eligibility 24
Section 3. Accrual 24
Section 4. Accumulation and Payment 24
Section 5. Sick Leave During Vacation 25
Section 6. Extended Sick Leave 25
Section 7. Family Leave 26
Section 8. On The Job Injury 26
Section 9. Off The Job Injury 26
ARTICLE XVII - PROBATIONARY PERIODS 26
Section 1. Appointment Following Probation Period 26
Section 2. Objective of Probationary Period 27
Section 3. Employee Performance Appraisal 27
Section 4. Rejection of Probationary Employee 27
ARTICLE XVIII - LAYOFF PROCEDURES 28
ARTICLE XIX - MISCELLANEOUS PROVISIONS 28
Section 1. Tuition Reimbursement 28
Section 2. Physical Fitness Program 29
III
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING 29
Section 1. 29
Section 2. 29
Section 3. 29
ARTICLE XXI - CONCERTED REFUSAL TO WORK 29
Section 1. Prohibited Conduct 29
Section 2. Association Responsibility 30
ARTICLE XXII - EMERGENCY WAIVER PROVISION 30
ARTICLE XXIII - SEPARABILITY 30
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS 31
ARTICLE XXV - MOU REOPENERS 31
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING 31
Section 1. 31
Section 2 31
ARTICLE XXVII - RATIFICATION 31
EXHIBIT A 33
IV
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
ARTICLE I - RECOGNITION
Section 1. Pursuant to the provisions of the Employer - Employee Relations Ordinance No.
769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer"
interchangeably) has recognized, for the purpose of this Memorandum of Understanding
(MOU), the Seal Beach Police Officers Association ( "SBPOA" and /or "Association"
interchangeably) as the majority representative of the employees in the bargaining unit,
which includes Police Department full -time employees in the classifications and
assignments of: a) Police Officer and b) Police Corporal.
Section 2. The City recognizes the Association as the representative of the employees in the
classifications and assignments set forth in Section 1. above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyers - Milias -Brown Act,
Government Code Section 3500 et 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 represented by the Association and/or other
officers of Association.
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS
Section 1. Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all employees represented
by the Association for regular and periodic dues and benefit program premiums 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 twenty -one (21)
1
calendar days following the deductions,
C. With regard to deductions under this Section 1, the Association agrees to hold
the City harmless and indemnify the City against any claims, causes of actions, or lawsuits
arising out of the deductions or transmittal of such funds to the Association, except the
intentional failure of the City to transmit to the Association monies deducted from the
employees pursuant to this Section.
Section 2. Other Deductions
The City shall make payroll deductions for purposes of an employee depositing funds or
making payments directly to a Federal Credit Union, providing that any deductions shall not
be less than two dollars ($2.00) on a bi- weekly basis.
ARTICLE III - CITY RIGHTS
Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this MOU or
by law in the exercise of its rights to manage the business of the City, as such rights existed
prior to the execution of this MOU. The sole and exclusive rights of management, not
abridged by this MOU or by law, shall include, but not be limited to, the following rights:
A. To determine the nature, manner, means, technology and extent of services and
activities to be provided to the public.
B. To determine and/or change the facilities, methods, technology, means and size
of the work force by which the City operations are to be conducted.
C. To determine and change the number of locations, and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract for any work or operation.
D. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
E. To establish and modify employee performance standards and productivity and
performance programs including, but not limited to, quality and quantity standards, and to
require compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to maintain
order, safety and efficiency in the City, its facilities and operations.
G. To determine policies, procedures and standards for the selection, training and
promotion of employees.
H. To discharge, suspend, demote or otherwise discipline employees for proper
2
cause in accordance with the provisions and procedures set forth in departmental
disciplinary procedure.
Section 2. Where the City is required to make changes in its operations because of the
requirements of law, or whenever the contemplated exercise of City Rights shall impact the
wages, hours, and other tenns 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 Compensation Plan
A. All employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a monthly base
salary grade adopted by the City Council. The salary schedule shall consist of five (5) steps
within each grade.
B. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the normal
entering salary step within the assigned grade upon the recommendation of the Chief of
Police and the approval of the City Manager when it is decided that such action is in the
best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at the end of
six (6) months of employment subject to the recommendation of the Police Chief and
approval of the City Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee
to improve his work and to recognize increased skill on the job. Employees are normally
eligible for these adjustments at any time after the completion of one (1) year of service at
3
the preceding step. Each adjustment may be made subject to the recommendation of the
Chief of Police and approval of the City Manager.
Section 2. Advancement within Salary Grades
A. In order to properly compensate an employee, advancement in base salary shall
be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased
service value of the employee to the City.
C. The Chief of Police and/or the employees' immediate supervisor shall be
responsible to evaluate employees fairly in an unbiased fashion for the determination of job
performance. Advancement shall be made only upon recommendation of the Chief of
Police with approval of the City Manager.
D. An employee must be reviewed at least once every twelve (12) months from the
effective date of his last performance step increase, special performance advancement or
promotion. Nothing contained herein shall restrict the Chief of Police from denying the
increase after evaluation, nor shall it prevent him from recommending special performance
advancement in salary at any time when unusual or outstanding achievement has been
demonstrated.
E. It shall be the responsibility of each supervisor to establish realistic achievement
levels for each step increase within a base salary grade. Achievement levels may be formal
or informal and shall be reviewed by the Chief of Police for the purpose of maintaining
uniformity of standards throughout the department.
Section 3. Salary Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a position with a
higher base salary grade, the employee shall be compensated at a step of the salary grade
assigned to the new position that is closest to providing a five percent (5 %) salary increase
over the monthly base salary received immediately prior to promotion.
B. Temporary Appointment - In special circumstances, when in the best interest of
the City, the City Manager may approve a temporary assignment of an employee to a
higher -level classification. In such temporary assignments lasting thirty (30) consecutive
calendar days or more, the employee shall be compensated at a step of the monthly base
salary grade assigned to the new position that is closest to providing a five percent (5 %)
salary increase over the monthly base salary received immediately prior to the temporary
appointment.
Section 4. Salary Decreases Following Demotion
In the case of a demotion of any employee represented by the Association to a
4
classification with a lower maximum salary, such employee shall be assigned to the
appropriate salary step in the new classification as recommended by the Chief of Police and
approved by the City Manager. The employee shall retain his previous anniversary date.
Section 5. Adjustments of Salary Grades
When a salary grade for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing monthly base
salary adjusted to the same relative step in the new salary grade and their anniversary date
shall not be changed.
Section 6. Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee shall forfeit all
rights, privileges and salary, except he shall not forfeit his Healthcare health plans including
dental, disability insurance, or life insurance. Should such suspension be later modified or
revoked, the employee shall be entitled to receive payment for loss of income and benefits
for any portion of the suspension that is disapproved.
Section 7. Salaries during Term of Memorandum of Understanding
The following salary grade increases shall be provided to employees represented by the
Association. The salary grade increases shall be effective during the first payroll period
commencing during the indicated month of the following indicated years. The actual
percentage salary grade increase shall be determined by reference to the change in the Los
Angeles - Riverside -Orange County, California Consumer Price Index [All Items, Alt
Urban Consumers published by the U.S. Department of Labor, index base period (1982-
84 =100) and not seasonally adjusted] (CPI -U). The one -year time period for assessing a
percentage change in the CPI -U shall be from the month of April of the prior year to the
month of April of the year in which a salary grade increase is effective. For example, the
salary grade increase that will be effective in July 2011 will be calculated with reference
to the change in the CPI -U between April 2010 and April 2011. If the percentage
increase in the CPI -U is equal to or less than two percent (2 %), the associated increase in
the salary grade shall be two percent (2 %). If the percentage increase in the CPI -U is
equal to or greater than five percent (5 %), the associated increase in the salary grade shall
be five percent (5 %). If the percentage increase in the CPI -U is between two percent
(2 %) and five percent (5 %), the associate increase in the salary grade shall be equal to the
percentage increase in the CPI -U.
1) Effective the first payroll period in July 2011:
Position Grade Increase
Police Officer 27 Two to Five percent (2% - 5 %)
Police Corporal 29 Two to Five percent (2% - 5 %)
5
2) Effective the first payroll period in July 2012:
Position Grade Increase
Police Officer 27 Two to Five percent (2% - 5 %)
Police Corporal 29 Two to Five percent (2% - 5 %)
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a traditional uniform, shall
receive an annual uniform allowance of eight hundred dollars ($800) effective the first
payroll period following July 1S of each fiscal year. An officer assigned as a motor officer
shall receive an additional annual uniform allowance of two hundred forty dollars ($240)
effective the fast payroll period following July 1 of each fiscal year.
B. The City shall provide the initial issue of uniforms to include two (2) pants and
two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other
safety equipment as required by law or deemed necessary by the City. The City shall
replace and/or repair any equipment damaged within the course and scope of the
employee's employment. Recurring maintenance, repair and/or replacement due to normal
wear shall be the responsibility of the employee.
C. An employee assigned as a motor officer shall receive an initial issue of required
uniform items incident to such duty. Such items include, but are not limited to: jacket,
boots, gloves, and two (2) pair of trousers.
Section 2. Temporary Assignment Pay
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer
performing duties of a Field Training Officer for Regular Police Officer Trainees shall
receive one -hour compensation at straight time either as pay at employee base hourly rate of
pay or compensatory time off for each shift of recruit training. A shift shall be understood
to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible employee
performing the duties of a Field Training Officer for Voluntary Reserve Officers shall
receive one (1) hour compensation at straight time either as pay at employee base hourly
rate of pay or compensatory time off for each shift of recruit training. A shift shall be
understood to be six (6) or more hours.
C. Motorcycle Officer - An officer assigned as a motor officer shall be paid two and
two - thirds (2 -2/3) hours at the rate of one and one -half (1 -1/2) times the employee's base
hourly rate of pay per month in caring for the motorcycle and related equipment required in
said assignment.
6
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 receive four hours compensation at
(straight time) as either pay at employee base hourly rate of pay or compensatory time off
per month for being subject to callout.
Section 3. Court Time
A. An employee called for a subpoenaed court appearance which arises out of the
course of his employment and not contiguous with his work shift shall be compensated for a
minimum of two -and- two - thirds (2 -2/3) hours at the rate of one and one -half (1 -1/2) times
the employee's base hourly rate of pay. Should the appearance exceed two and two- thirds
(2 -2/3) hours, the employee shall receive pay for the actual appearance time, excluding any
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.
B. Any appearance that is contiguous with a regular work shift is not subject to the
two and two - thirds (2 -2/3) hours minimum. Any appearance that is contiguous with a
regular work shift is not subject to the one and one -half (1 -1/2) time rate unless the court
appearance otherwise qualifies as overtime under this MOU.
C. All employees agree to comply with the "on -call" policies administered by the
department. Should an officer be placed "on -call" during off duty hours for court
appearance(s), he shall be granted two hours pay at the employee's straight time base hourly
rate of pay for any on call time prior to 12:00 noon and two (2) hours for all "on -call" time
after 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 departed from the work premises shall be paid one and one -half (1 -1/2)
times the employee's straight time base hourly rate of pay for each hour worked on call-
back. The number of hours calculated at one and one -half (1 -1/2) times shall not be less
than four hours. Should a call -back exceed four (4) hours, the employee shall receive pay
for the actual call -back time, at the rate of one and one -half (1 -1/2) times the employee's
regular hourly rate of pay. Call -back time shall commence from the time the employee is
called back to service.
Employees who are off duty and respond for departmental training, qualification or
meetings shall be compensated a minimum of two and two- thirds (2 -2/3) hours per incident.
This time shall be calculated at one and one -half (1 -1/2) times the employee's base hourly
rate of pay. Should the incident exceed two and two - thirds (2 -2/3) hours, the employee
shall receive pay for the actual incident time, at the rate of one and one -half (1 -1/2) times
the employee's regular hourly rate of pay.
Section 5. Training Programs
A. The City shall pay reasonable expenses incurred by employees attending
7
approved training programs. Expenses include registration fees and the costs of purchasing
required course materials, travel to and from the training course, meals and lodging shall be
reimbursed per the City's adopted Per Diem policy.
B. When an employee is sent by the City to a training program which is not a part of
his regular work schedule, the employee shall receive eight (8) hours pay for each full day
of training and such eight (8) hours pay shall be credited towards the computation of
overtime.
Section 6. Educational Incentive Pay -
A. Employees covered by this section who have completed forty -five (45) semester
units of credit from an accredited college or university with at least sixteen (16) units in the
field of Police Science shall receive the following compensation in addition to their monthly
base salary:
Police Officer/Police Corporal $175.00 /month
B. Employees covered by this section who have completed sixty (60) semester units
of credit from an accredited college or university with at least nineteen (19) units in the field
of Police Science or have attained a POST Intermediate Certificate shall receive the
following compensation in addition to their monthly base salary:
Police Officer/Police Corporal - $275.00 /month
C. Employees covered by this section who have completed a Bachelor's Degree
from an accredited college or university with at least twenty-two (22) units in the field of
Police Science or have attained a POST Advance Certificate shall receive the following
compensation in addition to their monthly base salary:
Police Officer/Police Corporal $375.00 /month
D. The above payment compensation shall be based on achievements over and
above the job requirements established in the position classification plan for each
classification. Payment to employees shall be based on the highest achievement level only;
e.g., employees with an Associate's and Bachelor's degree will receive compensation for the
Bachelor's degree only.
E. Employees receiving Educational Incentive Pay shall not lose that pay if they are
promoted to a classification which requires the education for which the employee is
receiving the additional pay. If the minimum educational requirements are lawfully
changed during the term of the MOU, employees receiving educational incentive pay will
not be affected by such change and will not suffer any loss of such incentive pay.
F. All payments under this Section are subject to verification and approval by the
City Manager.
8 •
G. Employees serving an original probationary period shall be ineligible to receive
educational incentive pay.
Section 7. Stand -by Pay
A. Detective Supervisor(s) may be assigned by the Chief of Police to "stand -by"
status.
13. Detective Supervisors who are specifically assigned to respond, twenty-four
hours per day, to incidents shall receive eight (8) hours of compensatory time off per
month. During any such month where the employee is so assigned for less than the entire
month, the number of compensatory time off hours shall be reduced in an amount reflecting
the pro -rated monthly time during which the employee was so assigned. Such
compensatory time off hours shall be maintained in an account separate from and in
addition to compensatory time off hours described in Article XI, Section 3. Any
compensatory time off hours earned in accord with this Section, and not utilized by July
31st of any year shall be forfeited effective July 31st of any year and not converted to cash.
C. Each affected employee who is assigned to the Detective Bureau and who is on
"standby" weekend duty shall be provided two (2) hours (at straight time) of compensatory
time off or pay at employee base hourly rate of pay per each weekend day. "Weekend" is
described as Saturday, Sunday or any holiday preceding or following the weekend day, in
the absence of any normally assigned detective.
Section 8. Experience Pay
-- For Employees Hired On or Before June 30, 2010:
A. Qualified employees represented by 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 as follows:
1. After ten (10) years of service, experience pay shall be paid at a rate of
five percent (5 %) of the qualified employee's monthly base salary.
2. After twenty (20) years of service, experience pay shall be paid at a rate
of ten percent (10 %) of the qualified employees' monthly base salary.
3. After twenty -five (25) years of City of Seal Beach swom peace officer
service (only service with the City of Seal Beach shall apply), experience pay shall be
paid at a rate of fifteen percent (15 %) of the qualified employee's monthly base salary.
9
4. Experience pay is not cumulative. Thus, an employee will only receive
the highest level of experience pay for which the employee is qualified. For example,
an employee reaching 20 years of qualifying service stops receiving the 5% level of
experience pay and begins receiving only the 10% level of experience pay. Such an
employee does not receive both the 5% level and the 10% level, at the same time.
•
— For Employees Hired On or After July 1, 2010:
A. Qualified employees represented by the Association with a minimum of ten (10)
years of full time service as a sworn peace officer with the City of Seal Beach 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 as follows:
1. After ten (10) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of five percent (5 %) of the qualified employee's
monthly base salary.
2. After twenty (20) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of ten percent (10 %) of the qualified
employee's monthly base salary.
3. After twenty -five (25) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of fifteen percent (15 %) of the qualified
employee's monthly base salary.
4. Experience pay is not cumulative. Thus, an employee will only receive
the highest level of experience pay for which the employee is qualified. For example,
an employee reaching 20 years of service as a sworn peace officer with the City of Seal
Beach, stops receiving the 5% level of experience pay and begins receiving only the
10% level of experience pay. Such an employee does not receive both the 5% level and
the 10% level, at the same time.
Section 9. Movie Detail
Unit employees shall be paid seventy dollars ($70) 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.
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) pc payroll period to an
10
officer utilized by the Department for his/her bilingual skills. The City Manager shall
require the taking of competency tests to certify the employee as eligible for bilingual
compensation based on the employee's proficiency in speaking the language determined to
be required. Such certification shall be a condition precedent to qualifying for bilingual
compensation.
Section 11. Cash Payment
A cash payment of One Thousand Dollars ($1,000) per employee shall be provided to
employees represented by the Association who are employed on the effective date of this
MOU. The cash payment shall be made during the first payroll period that commences
after this Memorandum of Understanding has been ratified, approved, and adopted in
accordance with Article XXVII. The cash payment will be made in lieu of a salary
increase at the beginning of this three -year MOU and thus shall not be used in calculating
any employee's regular rate of pay.
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any fringe benefit
programs that now exist or may exist in the future during the term of this MOU unless
otherwise specified within this MOU.
Section 2. Selection and Funding
In the administration of the fringe benefit programs, the City shall have the right to select
any insurance carrier or other method of providing coverage to fund the benefits included
under the terms of the MOU, provided that the benefits of the employees and affected
retirees shall be no less than those in existence as of implementation of this MOU.
Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive
calendar days, unless specifically provided for within this MOU, authorized by the City
Manager or otherwise provided for by federal or state "Family Leave Acts" and/or "Workers
Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee who has been absent without authorization during said month,
suspended without pay, or who has terminated from City employment unless specifically
provided for within this MOU.
C. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee when such premiums or fringe benefits are provided to the
employee through Workers Compensation and/or the Disability Insurance Plan.
1.1
Section 4. Changes
If, during the term of this MOU, any changes of insurance carrier or method of funding for
any benefit provided hereunder is contemplated, the City shall notify the Association prior
to any change of insurance carrier or method of funding the coverage.
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE
Section 1. Health Care Coverage
A. "Health Care Coverage" The City shall contribute an equal amount towards
the cost of Healthcare 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.
The City has implemented a full flex cafeteria plan and employees participating in the
City's hill flex cafeteria plan shall receive a flex dollar allowance to purchase group
health coverage under the City's Cafeteria plan. The monthly flex dollar allowance shall
be:
Calendar Year 2010 2011 2012 2013
For single employees: $550 $650 $850 $1050
For employee +1 dependent: $850 $950 $1150 $1350
For employee + 2 or more dependents: $1100 $1200 $1400 $1600
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
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 Insurance Plan for Retirees
A. The City shall provide to any retired employee (either service or disability),
who is hired after August 1, 1983 and on or before December 31, 2007, and retires after
December 31, 2009, and who has attained the age of fifty (50) the following group health
care insurance benefits:
12
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 Ca1PERS, or (b) the CaIPERS Kaiser
HMO, whichever is greater. When the retired employee becomes Medicare eligible, the
City's contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
2. If the employee has twenty (20) or more years of full -time City of Seal
Beach service, the City shall pay such retired employee and one dependent, depending on
the qualified dependent status, the group health care insurance premium at the rate of (a) the
average of the two (2) lowest cost health care plans offered by Ca[PERS, or (b) the
CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
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 Ca1PERS, or (b) the
CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CaIPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
B. The City shall provide to any retired employee (either service or disability) who
is hired on or after January 1, 2008, and who has both fifteen (15) or more years of full -time
City of Seal Beach service and has attained the age of fifty (50) the following group
Healthcare insurance benefits:
1. The City shall contribute the minimum PEMHCA rate as determined by
CaIPERS.
Section 3. Life Insurance Plan
The City shall pay 100% of the premium for a term life insurance policy with a face value
of $50,000, double indemnity accidental death benefit and a dependent death benefit in •
the amount of $1,000 per dependent.
Section 4. Disability Insurance Plan
The City shall pay one hundred percent (100 %) of the premium for the "employee's" long-
term disability insurance plan with an income continuation of not less than sixty -six and
two- thirds percent (66 -2/3 %) of the employee's monthly base salary subject to caps and
eligibility requirements as set forth within the policy of the accepted carrier. Modifications
to the plan shall be made only after the City has met and consulted with the Association.
13
Section 5. Premium Only Plan (pre -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 6. Annual Physical
The City shall provide a physical exam periodically as indicated below for the purpose of
detecting heart trouble and cancer. The exam shall be given by a City appointed physician
who is acceptable to the Association. Cost of said physical exam shall be borne by the City.
The resulting diagnosis shall be submitted to the City as well as the employee together with
specifics of corrective treatment.
Physical Exam Schedule:
1. New Employee Second year following appointment
2. Employee under 40 Alternate years
3. Employee 40 & over Every year
ARTICLE IX - RETIREMENT
Section 1. The City shall contract with PERS for a two -tier retirement plan. The two tiers
shall be three percent (3 %) at age fifty (50) and two percent (2 %) at age fifty (50).
A. For public safety employees covered by this MOU who were hired by the City
before the effective date of the two -tier retirement plan, the City shall make contributions 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.
B. For public safety employees covered by this MOU who were hired by the City
on or after the effective date of the two -tier retirement plan, the City shall make
contributions to the PERS plan known as two percent (2 %) at fifty (50) with those benefit
options as provided for in the contract between the City and PERS.
C. Modification(s) to the contract shall be made only after the City has met and
consulted with the Association and such modification(s) made a part of the contract
between the City and PERS consistent with the requirements of 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 ,
14
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.
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. or time worked on scheduled days off.
B. Four -Ten Work Week
Time worked in excess of eighty -six (86) hours in a FLSA work period as defined in
Article X, Section 1.A. or time worked on scheduled days off.
C. Five -Eight Work Week
Time worked in excess of eighty-six (86) hours in a FLSA work period as defined in
Article X, Section 1.A. or time worked on scheduled days off.
15
Section 2. Compensation for Overtime
A. Authorized non -FLSA overtime shall be compensated in pay or compensatory
time at the rate of one and one -half (1 -1/2) times the straight time hourly equivalent of the
base hourly rate of pay.
B. In computing overtime for a work period, time absent from duty as a result of
use of sick leave, vacation, holiday or compensatory time off shall not be considered as time
deemed to have been worked.
Section 3. Compensatory Time
A. Employees may elect to receive compensatory time in lieu of pay for overtime
subject to B. and C. below.
B. Should an employee desire to take compensatory time off, he shall file a written
request with the Chief of Police who shall grant time off unless it interferes with the normal
operation staffing of the police department.
C. Employees shall be permitted to accumulate a maximum of seventy-five (75)
hours of compensatory time. An employee who has accumulated seventy -five (75) hours of
compensatory time will be reimbursed within the pay period earned for any overtime in
excess of seventy -five (75) hours maximum.
D. An employee may, upon written request submitted to and approved by the City
Manager, receive reimbursement for the requested number of hours of accumulated
compensatory time below the cap of seventy -five (75) hours. Reimbursement shall occur
with the next regular payroll following the pay period in which the employee's written
request has been approved by the City Manager.
Section 4. Overtime Reporting
In order for an employee to earn compensation for overtime, he must receive the
supervisor's or the Chief of Police's approval. Overtime worked to meet an emergency
situation does not require advance approval, but shall be certified by the Chief of Police
before being credited to the employee's record.
ARTICLE XII - HOLIDAYS
Section I. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day (1st Monday in September)
16
Veterans' Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year's Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents' Day (3rd Monday in February)
Memorial Day (Last Monday in May).
Section 2. Floating Holidays
The City will also recognize 2 floating holidays each fiscal year. Each unit employee shall
be eligible to accrue up to a maximum of 2 floating holidays on July 1st of each year,
subject to the following limitations. The floating holidays shall be taken, or may be
cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued.
An employee may not have more than 2 floating holidays on the books at any time. If an
employee does not use, or cash out, both of his/her floating holidays within the fiscal year
in which the employee accrued them, he /she will not earn 2 additional floating holidays in
the next fiscal year. Instead, the employee will only earn that number of floating holidays,
on July 1st of each year that will bring the employee's balance of floating holidays to 2.
Thus, if an employee uses, or cashes out, only one floating holiday during a fiscal year,
that employee will only accrue 1 additional floating holiday on July 1st of the following
fiscal year, bringing the employee's floating holiday balance up to 2 floating holidays.
The parties encourage employees in the unit to use their floating holidays. Since floating
holidays cannot be removed from an employee once earned, and the parties do not want
employees to have more floating holidays on the books than would be received within the
current fiscal year, a floating holiday(s) carried over at the end of the fiscal year results in
the employee being unable to earn that holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually selected by the
employee subject to the approval of the Chief of Police. Approval will not normally be
granted if it would require the Department to backfill the employee's position at time-
and- one -half to maintain necessary staffing/deployment levels. A floating holiday cannot
be used on any of the designated holidays recognized by the City or on another floating
holiday. To request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave /overtime and special pay report ".
The past practice of the City in permitting the stacking of floating holidays is specifically
eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a
holiday falls on a day that the employee performs no work (whether the day is the
employee's scheduled work day or not), the employee shall be paid 12.33 hours of
holiday pay for the holiday, at the employee's regular hourly rate of pay.
•
17
B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday
falls on a day that the employee performs work (whether the day is the employee's
scheduled work day or not), the employee shall be paid as follows:
1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New
Year's Day the employee shall be paid "hardship" pay as follows:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on the
holiday, at the rate of pay otherwise specified in this MOU for such work hours,
and
c. Pay for the number of hours of work the employee actually performed on
the holiday, at the employee's base hourly rate of pay.
Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn
pay computed as follows:
Hours Pav Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay as per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on the
holiday, at the rate of pay otherwise specified in this MOLT for such work hours.
Example 2: Officer B works 8 hours on Veterans' Day or a Floating Holiday.
Officer B would earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
C. The past practice of the City paying hardship holiday pay to an employee on a
designated hardship holiday when in fact said employee did not work on the designated
hardship holiday is specifically eliminated by the above language.
18
Section 4. Conversion of Hardship Pav to Time Off
An employee may choose to convert any hardship pay to time off or non -FLSA
compensatory time at the rate of one hour of hardship pay converting to one hour of time
off or to one hour of non -FLSA compensatory time.
ARTICLE XIII - VACATION
Section 1. Eligibility
All 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 then
existing rate of pay.
Section 2. Accrual
A. Vacation leave is accumulated yearly and is computed 011 the basis of the
employee's hire date as a regular frill -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 Famed Rate/Pay Period Bi- Weekly Vacation Hours
0 -5 Years 80 3.0769 80 hours
6 -14 120 4.6153 120 hours
15 -19 160 6.1538 160 hours
20+ 200 7.6923 200 hours
D. An eligible employee hired on or before February 1, 1998 shall accrue vacation
leave by the following schedule:
YEARS HOURLY ACCRUAL RATE ANNUAL
SERVICE PER PAY PERIOD ACCRUAL RATE
0 -5 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10 -19 6.154 160 hours
20+ 7.6923 200 hours
19
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 accumulated
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.
Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for all
accumulated vacation no later than the next regular payday following termination.
B. When termination is caused by death of the employee, the employee's
beneficiary shall receive the employee's pay for unused vacation. In the event an employee
has not designated a beneficiary, the payment shall be made to the estate of the employee.
Section 6. Vacation Accrual During Leave of Absence
No vacation shall be earned during any leave of absence without pay for each fourteen (14)
day period (pay period) of such leave.
20
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 Pay
A. Upon the Police Chiefs recommendation and approval of the City Manager, an
employee may be granted a leave of absence without pay in cases of an emergency or where
such absence would not be contrary to the best interest of the City, for a period not to
exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a leave of
absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave of absence, after notice to return to duty,
the employee shall be reinstated to the position held at the time the leave of absence was
granted. Failure on the part of the employee to report promptly at such leave of absence's
expiration and receipt of notice to return to duty shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be
eligible to accumulate or receive fringe benefits except as specifically provided for in this
MOU, except that the City shall contribute to an employee's healthcare and dental plan,
disability insurance plan, and Life insurance plan for the first thirty (30) calendar days of the
leave of absence.
Section 2. Bereavement Leave
A. Employees may be granted up to forty (40) hours of 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 parent and adoptive parent)
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
21
Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of State law.
All employees entitled to military leave shall give the Chief of Police an opportunity within
the limits of military regulations to determine when such leave shall be taken. Whenever
possible, the employee involved shall notify the Chief of Police of such leave request ten
(10) working days in advance of the beginning of the leave.
B. In addition to provision of State law, the City shall continue to provide eligible
employees on military leave the current health benefits (healthcare, dental, disability and life
insurance and retirement (if applicable) for the first three (3) months of military leave.
During said period, the employee shall be required to pay to the City the same co- payments
as required of other employees. After the first three (3) months of military leave, the
employee may continue said benefits at his cost.
Section 4. This section was intentionally left blank and has been reserved for future use.
Section 5. Unauthorized Absence
Unauthorized absence is days, or portions of days, wherein an employee is absent from
work without City approval. Unless subsequently approved, such absence will result in a
deduction from the employee's pay of an amount equivalent to the time absent. Employees
taking unauthorized absence may be subject to disciplinary action, up to and including
termination of employment.
Section 6. Catastrophic Leave
A. Establishment — A Catastrophic Leave Program for the Association was
established which allows donation of paid time for employees represented by the
Association.
B. Purpose — The purpose of the Catastrophic Leave Pool is to enable full-time
employees to receive and donate vacation, administrative leave, and compensatory time
off (CTO) leave credits on an hour for hour basis to assist employees who have no
remaining leave bank balances and who will suffer a financial hardship due to prolonged
illness or injury to themselves, or a member of their immediate family. Sick Leave is
excluded from this program. The conditions of this program are as follows:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
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.
22
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.
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's Statement that
the presence of the employee is necessary.
11. Catastrophic Leave due to illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the employee's
inability to perform normal duties.
ARTICLE XV - JURY DUTY
Section 1. Compensation for Jury Duty
A. Employees required to report for jury duty shall be granted leave of absence for
such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall
receive full payment for the time served on jury duty, provided the employee remits any fees
received for such jury service, excluding payment for mileage, to the City's Finance
Department. Compensation for mileage, subsistence or similar auxiliary allowance shall
not be considered as a fee and shall be returned to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work
day; the employee shall contact his supervisor as to the feasibility of returning to work that
day.
•
23
ARTICLE XVI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or disability,
medical or dental treatment, and family leave or as authorized by the City Manager under
special circumstances. The employee requesting sick leave shall notify his immediate
supervisor or Chief of Police prior to the time set for reporting to work. Sick leave with pay
shall not be allowed unless the employee has met and complied with the provisions of this
MOU.
B. Sick leave shall not be granted for disability arising from any sickness or injury
purposely self - inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of physical
fitness for duty for sick leaves in excess of 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. Eligibility
All employees covered by this MOU shall be eligible to accrue sick leave.
Section 3. Accrual
A. Sick leave shall be accrued at the rate of twelve and one -third (12 -1/3) hours per
calendar month for each calendar month that the employee has worked regularly scheduled
hours and/or has been on authorized leave which provides for full pay, for at Least fifteen
(15) working days in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired prior to July 1,
1985, will be placed into a newly established sick leave bank at the rate of twelve and one-
third (12 -1/3) hours per calendar month for 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.
24
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 base hourly rate of pay or (ii)
two thousand five hundred dollars ($2,500). Remaining sick leave hours are converted to 8
hour days and reported to CaIPERS 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 base
hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date
of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will
be placed in the sick leave bank set forth in Section 3.B above, and is not eligible for this
payout provision.
Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of illness charged to
his accumulated sick leave provided that:
A. Immediately upon return to duty, the employee submits to his supervisor a
written request for sick leave and a written statement signed by his physician describing the
nature and dates of illness.
B. The Chief of Police recommends and the City Manager approve the granting of
such sick leave.
Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of sick leave
accumulation, the employee may request in writing, to the Chief of Police and City
Manager, a leave of absence without pay for the purpose of recovering from the illness,
provided:
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and consideration
by the City Manager, a written explanation of the employee's illness and an estimate of the
time needed for recovery signed by the employee's physician.
C. Prior to resuming his duties, the employee may be required to take a medical
examination at City expense and provide a medical release to return to work from the
employee's physician as prescribed by the City Manager. The employment record and the
results of such examination shall be considered by the City Manager in determining the
employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar days. If the
employee desires an extension, he shall follow, prior to the termination of the initial leave,
the procedure described in Section 6.B above.
25
Section 7. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may
take sick leave and/or unpaid leave to care for his newborn infant, whether through
parentage or adoption, or a seriously ill or injured member of the 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 preceding the time when the leave is to begin.
C. Operational needs of the City shall be relevant in determinations regarding the
granting of family leave in accordance with the provisions of State and Federal Family
Leave laws.
D. In the event of an extended family leave, the employee may be required to
periodically report on the status of the situation giving rise to the leave.
E. Family leave may be granted only upon the recommendation of the Chief of
Police and approval of the City Manager consistent with the provisions of State and Federal
Family Leave laws.
F. A maximum of four hundred (400) working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any two (2) year period
unless a greater amount is prescribed by state or federal law.
Section 8. On The Job Injury
Employees who are disabled by injury or illness arising out of and in the course of their
duties as public safety employees of the City, shall be entitled to the benefits of California
Labor Code Section 4850 as the Section now exists or is hereinafter amended. Any
payments made pursuant to this Section shall not be charged as sick leave; sick leave and
vacation benefits shall accrue during the period of disability pursuant to the provision of
California Labor Code Section 4850.
Section 9. Off The Job Injury
An employee injured outside of his service with the City shall be compensated through the
disability insurance plan provided by the City.
ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees shall be
tentative and subject to a probationary period of twelve (12) months of service.
26
B. When unusual circumstances merit the extension of the probationary period, the
Chief of Police shall request, in writing, approval of the City Manager. Said extension shall
not exceed one hundred eighty (180) calendar days. 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. Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and shall be
utilized for closely observing the employee's work, for securing the most effective
adjustment of a new employee to his position, and for rejecting any probationary employee
whose performance does not meet the required standards of work.
Section 3. Employee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at the end of
each three (3) months of service or at more frequent intervals when deemed necessary by
the Chief of Police. Permanent employees shall have their performance evaluated annually
or at more frequent intervals when deemed necessary by the Chief of Police. Such
evaluation shall be reported in writing and in the form approved by the Personnel Office.
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. Refection of Probationary Employee
A. During the probationary period an employee may be suspended, demoted, or
rejected anytime by the Chief of Police, with approval of the City Manager, without cause
and without right of appeal, except the right of appeal of punitive action as may be provided
by law. Notification of rejection, in writing, shall be served on the probationary employee
and a copy filed with 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.
27
ARTICLE XVIII - LAYOFF PROCEDURES
Section 1. Policy
The policy for layoff procedures shall be as adopted in City's Personnel Rules and
Regulations.
ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs
Unit members attending accredited community colleges, universities, and trade schools
for the purpose of obtaining a higher education degree may apply for reimbursement of
tuition, books, student fees and parking. Reimbursement is capped each calendar year at
the tuition rate of the Cal State University system for up to 2 semesters of full -time,
undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the course. For any
course that could be taken for a letter grade, it must be taken for a letter grade and
successful completion means a grade of "C" or better for undergraduate courses and a
grade of `B" or better for graduate courses. For any course that can only be taken for a
grade of "credit" or "no credit ", successful completion means a grade of "credit". All
claims for tuition reimbursement require prior approval and are subject to verification and
approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T.
courses attended on duty.
Example 1: Officer A attends California State University, Long Beach, for the
Spring 2011 semester and completes two 3 -unit undergraduate courses with a grade of
"C" or better. The tuition reimbursement would be calculated as follows:
2010 -2011 State University Tuition $ 1,227.00 (0 -6 units)
Required University Fees 290.00 (approx.)
Parking 123.00
Books 300.00 (approx.)
TOTAL $ 1, 940.00
Example 2: Officer B attends California State University, Long Beach, for the
Spring 2011 semester and completes three 3 -unit undergraduate courses with a grade of
"C" or better. The tuition reimbursement would be calculated as follows:
2010 -2011 State University Tuition $ 2,115.00 (7 or more units)
Required University Fees 290.00 (approx.)
Parking 123.00
Books 600.00 (approx.)
TOTAL $ 3,128.00
28
B. Professional Conventions and Conferences
Unit members who attend job related conventions and conferences that are not sponsored
by the Department may submit for reimbursement under the tuition reimbursement
program for the cost of enrollment. Attendance of conventions and conferences must be
job related and pre- approved by the Chief of Police. The cost of travel, sustenance, and
lodging is not reimbursable under tuition reimbursement per IRS Publication 970.
Travel, sustenance, and lodging may be reimbursable via the Department's Meetings and
Conference budget. Employee is to submit a request to the Chief of Police prior to travel
for approval in order to receive reimbursement for travel, sustenance, and lodging after the
conference. All receipts for expenses must be attached to the reimbursement request and
submitted to the Chief of Police for approval, and forwarded to the City Manager for final
review and approval.
Section 2. Physical Fitness Program
The physical fitness program is a voluntary program for all sworn officers utilizing vacation
hours as compensation for achieving goals within this program. The details of this program
are attached as Exhibit A to this MOU.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this MOU shall
incorporate all prior agreements and memoranda of agreement, or memoranda of
understanding, or contrary salary and/or personnel resolutions or administrative codes,
provisions of the City, oral or written, expressed or implied, between the parties, and shall
govem 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
29
A. The Association, its officers, agents, representatives, and/or members agree that
they will respect relevant law and judicial decisions regarding the withholding or
diminishment of services to influence negotiations conducted under Section 3500 et.seq of
the California Government Code.
B. The City agrees that it shall not lock out its employees during the term of this
MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall, or failure to retum 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 Employer - Employee Relations Resolution or by this
MOU including, but not limited to, access to the grievance procedure and use of the City's
bulletin boards and facilities.
Section 2. Association Responsibility
In the event that the Association, its officers, agents, representatives or members engage in
any of the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its
duly authorized representatives shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they should
immediately Tease 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 - SEPARABILTT'Y
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
30
and effect for the duration of this MOU.
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and
shall govern.
ARTICLE XXV - MOU REOPENERS
Section 1. The Association and the City shall reopen any provision of this MOU for the
purpose of complying with any final order of a Federal or State Agency or Court of
competent jurisdiction requiring a modification or change in any provision or provisions
of this MOU, in order to comply with State or Federal laws.
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding shall commence on July 1,
2010 and continue in full force and effect through June 30, 2013 - 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, 2013.
ARTICLE XXVII - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification by the required number of the duly authorized representatives
of the Association. Following such ratification, approval and adoption, the Memorandum
of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or
other written action of the City Council.
.. Date: 7 �11
President, Seal Beach " Officers' Association
Officer Eric Tittle 5h°
d' / Date:
%4'sral John S en r
Date: 1 I r / 0
� ¶.n - Jones
31
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
Date:
David Carmany, City Manager
Date:
Robbeyn Bird, Director of Administrative Services
Date:
Jill R. Ingram, Assistant to the City Manager
Date:
Jeff Kirkpatrick, Chief of Police
32
EXIMBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers. Officers work
out on their off duty time and may, depending upon availability of funds and staffing
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each six (6) month period. Officers may receive up
to twenty (20) hours of vacation time by meeting the requirements of the test at the end of
each six (6) month period. The maximum time each officer will be able to achieve is up
to forty (40) vacation hours earned annually for as long as the officer continues
successfully in the program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and
advise them of your intent. You will need to have a doctor's release to allow you to
participate in the program. A copy of the physical requirements of the physical fitness
program should be reviewed by your doctor when obtaining your release. For details of
the annual physical exam refer to Article XIII section 6 of the SBPOA MOU.
TESTING
Each officer participating will be tested every six (6) months, specifically in the months
of January and July. A minimum level has been established for each test. Participants will
have to move up a category or reach maintenance level indicated on each test by age
group. At one (1) year and six (6) months, participants will be required to be at the
maintenance level. Once the maintenance level has been attained, participants will have
to maintain that level on subsequent tests. Testing each six (6) month period will validate
the awarding of vacation time. Testing may be conducted during on -duty hours at the
Watch Commanders discretion. The Physical Fitness Committee will perform the testing.
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.
33
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be
appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of
Police. The Physical Fitness Committee is established to retain administrative control
over the program. All committee members shall be active participants in the program.
The committee will be responsible for examining problems and disputes that arise from
the administration of the program. The committee will be the formal arbitrators on these
matters.
VALIDATED HEALTHCARE PROBLEM CLAUSE
Those officers who for validated Healthcare reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated Healthcare problems are those diagnosed by a physician as
limiting participation in a certain activity.
REQUIRED PEST
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: 1.5 Mile run
Strength: Push -ups Sit -ups Pull -ups
Flexibility: Forward Stretch
HEALTHCARE COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation, The city
will not provide blanket coverage for any injury which could conceivably be claimed
under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to beginning
program participation.
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.
34
Under 30 30 -34 35 -39 40-44
Below Below )3 elow 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 16:31 -Above 17:01 -Above 17:31 -Above 18:01 -Above
Maint. Level 11:00 12:00 12:30 13:00
Minim. Level 14:30 15:15 15:30 15:45
4049 50 +
Below Below
Excellent 12:15 12:30
Good 12:16 -13:45 12:31 -14:30
Fair 13:46 -16:15 14:31 -17:00
Poor 16:16 -18:15 17:01 -19:00
Very Poor 18:16 -Above 19:01 -Above
Maint. Level 13:30 14:00
Minim. Level 16:00 16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and
toes. A partner places his fist on the ground below the officer's chest. The officer must
keep his back straight at all times and from the up position, lower him/herself to the floor
until his chest touches his partner's hand and then push to the up position again. 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 1 -Below
Maint. Level 40 35 25 18
Minim. Level 18 15 13 11
PULL -UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight
in the beginning position with the feet off the ground. Officer must pull his body up to a
position where his chin is above the bar for one repetition. The total number of correct
pull -ups are recorded and compared to the standards on the chart.
35
In lieu of pull -ups, officers may choose to do the "La Pull ". Officers are required to pull
down seventy percent (70 %) of their body weight ten (10) times in order to achieve
maintenance level.
Under 30 30 -39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6 -7 4 -5 3-4 2 -3
Poor 5 3 2 1
Very Poor 4 & above 2 & under I & under 0
Maint. Level 8 6 5 4
Minim. Level 5 3 2 1
SIT -UPS
Officer starts by lying on his /her back, knees bent, heels flat on the floor and arms folded
across the chest. A partner holds the feet down. In the up position, the officer will touch
his elbows to his knees and then return to the starting position, not placing their shoulder
blades on the ground before starting the next sit -up. This is a continuous exercise, no
resting. The total number of correct sit -ups are recorded and compared to the standards on
the chart.
This test measures muscular endurance in the abdominal muscle group, an area of great
concem 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 *
Under 30 30 -39 40-49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40 -50 34-44 27 -39 23 -39
Fair 35 -39 29 -33 20 -26 16 -22
Poor 24 -34 18 -28 7 -19 6 -15
Very Poor 23 - 17 - 6 - 5 -
Maint. Level 45 40 35 30
Minim. Level 30 25 20 15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are
placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his
toes with his fingertips as far as he can. The distance above or below his heels is
measured. The distance is recorded as plus or minus inches. Plus inches is below the
heels and negative is above the heels. Compare the results against the standards on the
chart. •
Under 30 30 -39 40-49 50+
Excellent +10" & below +9" & below +8" & below +7" & below
Good +4" to 9.5" + 3.5" to 8.5" +I" to 7.5" 0 to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +1" -6.5" to +.5" -9" & above -10" to 3.5"
Very Poor - & above -7" & above -9.5 & above - 10.5 "& above
Maint. Level +5" +4" +I" 0"
Minim. Level 0" -2" -4" -5"
36
Seal Beach PMA.
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 MEMBERSHIP 1
Section 1. 1
Section 2. 1
Section 3. 2
ARTICLE 3. SALARIES 2
1) Effective the first payroll period in July 2011 2
2) Effective the first payroll period in July 2012 2
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES 3
Section 1. 3
Section 2. 3
ARTICLE 5. INDEMNIFICATION 3
ARTICLE 6. erne 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 MONTHLY BASE SALARY GRADES
5
Section 1. 5
Section 2. 5
Section 3. 5
Section 4. 5
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION 5
Section 1. 5
• Section 2. 5
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION 5
ARTICLE 11. ADJUSTMENT OF SALARY GRADES 6
ARTICLE 12. SALARY AND BENEFITS SUSPENSION 6
ARTICLE 13. SPECIAL PAY PROVISIONS 6
Section 1. Uniform Allowance 6
Section 2. Safety Equipment 6
Section 3. Deferred Compensation 6
Section 4. Cash Payment 6
ARTICLE 14. COURT TIME 7
I
Se Otion 1. 7
Section 2. 7
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
ARTICLE 17. MOVIE DETAIL 8
Section 1. 8
ARTICLE 18. EXPERIENCE PAY 8
Section 1. 8
Section 2. 9
Section 3. 9
Section 4. 9
Section 5. 9
Section 6. 9
Section 7. 9
Section 8. 9
Section 9. 9
Section 10. 9
Section 11. 10
ARTICLE 19. EDUCATION INCENTIVE PAY 10
Section 1. 10
Section 2. 10
Section 3. 10
Section 4. 10
Section 5. 10
Section 6. 11
Section 7. 11
ARTICLE 20. TUITION REIMBURSEMENT 11
ARTICLE 21. PHYSICAL FITNESS PROGRAM 12
ARTICLE 22. TRAINING PROGRAMS 12
Section 1. 12
Section 2. 12
ARTICLE 23. HOLIDAYS 12
Section 1. 12
Section 2 13
Section 3 13
Section 4 15
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION 15
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING 15
ARTICLE 26. FRINGE BENEFIT LIMITS 15
Section 1. 15
Section 2 15
ARTICLE 27. FRINGE BENEFIT CHANGES 15
ARTICLE 28. HEALTH CARE COVERAGE 15
Section 1. Health Care Coverage 15
Section 2. Health Insurance Plan for Retirees 16
Section 3. Health Insurance Plan for Retiree's - Non -Swom 17
ARTICLE 29. LIFE INSURANCE 18
ARTICLE 30. DISABILITY INSURANCE PLAN 18
ARTICLE 31. SECTION 125 PLAN 18
ARTICLE 32. ANNUAL PHYSICAL 19
ARTICLE 33. RETIREMENT 19
Section 1. 19
Section 2. 19
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) 20
ARTICLE 35. OVERTIME COMPENSATION 20
Section 1. Overtime Defined 20
Section 2. Compensation for Overtime 21
Section 3. Compensatory Time 21
Section 4. Approval for Overtime 21
ARTICLE 36. VACATION 21
Section 1. Eligibility 21
Section 2. Accrual 22
Section 3. Maximum Accrual 22
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
ARTICLE 38. UNAUTHORIZED ABSENCE 24
ARTICLE 39. BEREAVEMENT LEAVE 24
ARTICLE 40. MILITARY LEAVE OF ABSENCE 24
Section 1. 24
Section 2. 24
ARTICLE 42. JURY DUTY 25
ARTICLE 43. SICK LEAVE 25
Section 1. Accrual - Sworn Positions 25
Section 2. Sick Leave During Vacation 26
Section 3. Extended Sick Leave 26
Section 4. Accrual and Payment - Miscellaneous Positions 27
Section 5. General Sick Leave Provisions 27
Section 6. 27
Section 7. Fitness for Duty 27
ARTICLE 44. CATASTROPHIC LEAVE 27
Section 1. Establishment 27
Section 2. Purpose 27
ARTICLE 45. FAMILY LEAVE (FMLAJCFRA) 28
ARTICLE 46. ON -THE -JOB INJURY 28
ARTICLE 47. OFF -THE -JOB INJURY 29
ARTICLE 48. PERSONNEL RULES AND REGULATIONS 29
Section 1 29
1Il
Section 2 29
ARTICLE 49. PROBATIONARY PERIODS 29
Section 1. 29
Section 2. Objective of Probationary Period 29
Section 3. Employee Performance Appraisal 29
Section 4. Rejection of Probationary Employee 30
ARTICLE 50. LAYOFF PROCEDURES 30
ARTICLE 51. MOU REOPENERS 30
ARTICLE 53. NO STRIKE - NO LOCKOUT 30
Section 1. 30
Section 2. 31
Section 3. 31
Section 4. 31
ARTICLE 54. EMERGENCY WAIVER PROVISION 31
ARTICLE 55. SEPARABILITY PROVISION 31
ARTICLE 56. SAVINGS CLAUSE 31
ARTICLE 57. RATIFICATION 32
EXHIBIT A 33
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 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1, 2010 through
and including June 30, 2013.
Section 2. The Agreement may be extended beyond June 30, 2013 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 purposes 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 safety classifications and assignments of Police
Sergeant, Police Lieutenant, Police Captain, and the miscellaneous classification of
Police Records Supervisor.
Section 2. The City recognizes the Association as the representative of the employees in
the classifications and assignments 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 represented by
the Association and/or other officers of the Association.
ARTICLE 3. SALARIES
Section 1. The following monthly base salary grade increases shall be provided to
employees occupying all classifications represented by the Association. The monthly
base salary increases shall be effective during the first payroll period commencing during
the indicated month of the following indicated years. The actual percentage salary grade
increase shall be determined by reference to the change in the Los Angeles- Riverside-
Orange County, California Consumer Price Index [All Items, All Urban Consumers
published by the U.S. Department of Labor, index base period (1982 -84 -100) and not
seasonally adjusted] (CPI -U). The one -year time period for assessing a percentage
change in the CPI -U shall be from the month of April of the prior year to the month of
April of the year in which a salary grade increase is effective. For example, the salary
grade increase that will be effective in July 2011 will be calculated with reference to the
change in the CPI -U between April 2010 and April 2011. If the percentage increase in
the CPI -U is equal to or less than two percent (2 %), the associated increase in the salary
grade shall be two percent (2 %). If the percentage increase in the CPI -U is equal to or
greater than five percent (5 %), the associated increase in the salary grade shall be five
percent (5 %). If the percentage increase in the CPI -U is between two percent (2 %) and
five percent (5 %), the associate increase in the salary grade shall be equal to the
percentage increase in the CPI -U.
1) Effective the first payroll period in July 2011
Position Grade Increases
Police Records Supervisor 28 Two to Five percent (2% - 5 %)
Police Sergeant 37 Two to Five percent (2% - 5 %)
Police Lieutenant 44 Two to Five percent (2% - 5 %)
Police Captain 50 Two to Five percent (2% - 5 %)
2) Effective the first payroll period in July 2012
Position Grade Increases
Police Records Supervisor 28 Two to Five percent (2% - 5 %)
Police Sergeant 37 Two to Five percent (2% - 5 %)
Police Lieutenant 44 Two to Five percent (2% - 5 %)
Police Captain 50 Two to Five percent (2% - 5 %)
2
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES
Section 1. The City will provide voluntary payroll deductions for all employees
represented by 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 twenty -one (21)
calendar 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) To determine the methods of financing;
0 To determine the 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
3
assignments upon reasonable notice;
j) To establish and modify productivity and performance programs and standards;
k) To relieve employees from duties for lack of work, or funds, or similar non -
disciplinary reasons;
1) 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;
o) 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 represented by 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 monthly base salary grade adopted by the City Council. The salary
schedule shall consist of five (5) steps within each grade.
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 grade 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 monthly base salary grade is a merit adjustment which
may be given at the end of six (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
4
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
one (1) year of service at the preceding step. Each adjustment may be made subject to
the recommendation of the Chief of Police and approval of the City Manager.
ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES
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 employees' immediate supervisor shall be
responsible to evaluate employees fairly in an unbiased fashion for the determination of
job performance. Advancement shall be made only upon recommendation of the Chief of
Police and approval of the City Manager.
Section 4. An employee must be reviewed at least once every twelve (12) months from
the effective date of his/her 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/her from
recommending special performance advancement in monthly base 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 monthly base salary grade, the employee shall be compensated at a step of the
monthly base salary grade assigned to the new position that is closest to providing a five
percent (5 %) salary increase over the monthly base salary received 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 a
higher -level classification. In such temporary assignments lasting thirty (30) consecutive
calendar days or more, the employee shall be compensated at a step of the monthly base
salary grade assigned to the new position that is closest to providing a five percent (5 %)
salary increase over the monthly base salary received immediately prior to the temporary
appointment.
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee represented by the Association to a
classification with a lower maximum salary, such employee shall be assigned to the
appropriate monthly base salary step in the new classification as recommended by the
5
Chief of Police and approved by the City Manager. The employee shall retain his/her
previous anniversary date.
ARTICLE 11. ADJUSTMENT OF SALARY GRADES
When a salary grade for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing monthly
base salary adjusted to the same relative step in the new monthly base salary grade 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 /she shall not forfeit his/her medical health plans
including dental, disability insurance, or life insurance. Should such suspension be later
modified or revoked, the employee shall be entitled to receive payment for loss of income
and benefits for any portion of the suspension that is disapproved.
ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance — Whether or not said sworn employee wears a traditional
uniform, each sworn employee 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, for sworn employees 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 responsibility of the
employee.
Section 3. Deferred Compensation - The City contributes twenty dollars ($20) per payroll
period into a deferred compensation program for the Police Records Supervisor position.
Section 4. Cash Payment
A cash payment of One Thousand Dollars ($1,000) per employee shall be provided to
employees represented by the Association who are employed on the effective date of this
MOU. The cash payment shall be made during the first payroll period that commences
after this Memorandum of Understanding has been ratified, approved, and adopted in
accordance with Article 57. The cash payment is made in lieu of a salary increase at the
beginning of this three -year MOU and thus shall not be used in calculating any
employee's regular rate of pay.
6
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/her work shift shall be
compensated for a minimum of two and two -thirds (2 -2/3) hours at the rate of one and
one -half (1 -1/2) times the employee's base hourly rate of pay. Should the appearance
exceed two and two- thirds (2 - 2/3) hours, the employee shall receive pay for the actual
appearance time, excluding any court designated lunch period, at the rate of one and one -
half 0 -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) hours minimum. Any appearance that is contiguous with a
regular work shift is not subject to the one and one -half (1 -1/2) time rate unless the court
appearance otherwise qualifies as overtime under this MOU.
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
base hourly rate of pay for any "on- call" time prior to 12:00 noon and two (2) hours for
all "on-call" time after 12:00 noon.
ARTICLE 15. CALL - BACK
Section 1. Employees who are called back to duty after having completed a normal shift
or work day assignment and departed from the work premises shall be paid one and one-
half (1 -1/2) times the employee's straight time base hourly rate of pay for each hour
worked on call -back. The number of hours calculated at one -and- one -half times shall not
be less than four hours. Should a call-back exceed four (4) hours, the employee shall
receive pay for the actual call -back time, at the rate of one and one -half (1 -1/2) times the
employee's regular hourly rate of pay. Call-back time shall commence from the time the
employee is called back to service.
Section 2. Employees who are off duty and respond for departmental training,
qualification or meetings shall be compensated a minimum of two and two- thirds (2 -2/3)
hours per incident. This time shall be calculated at one and one -half (1 -1/2) times the
employee's base hourly rate of pay. Should the incident exceed two and two -thirds (2 -2/3)
hours, the employee shall receive pay for the actual incident time, at the rate of one and one-
half (1 -1/2) times the employee's regular hourly rate of pay.
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 be eligible to accrue up to a
7
maximum of eight (8) hours of stand -by leave per month, subject to the following
limitations. During any such month when an employee is required to be on stand -by for
less than the entire month, the maximum number of stand -by leave hours accrued shall be
reduced in an amount reflecting the pro -rated monthly time during which said employee
is expected to be "on stand -by." Such stand -by leave hours shall be maintained in the
employees' Stand -by Leave banks. The parties encourage employees to use their stand-
by leave within two months after it is accrued. The employees may not have an
accumulated balance of more than twenty-four (24) hours of stand -by leave at any time.
If an employee's stand -by leave balance reaches twenty -four (24) hours, his/her accrual
of stand -by leave shall cease. The employee's accrual of stand -by leave shall not begin
again until the employee's accumulated stand -by leave balance falls below twenty-four (24)
hours.
Section 3. Police Captains and Police Lieutenants shall be eligible to accrue up to a
maximum of ninety -six (96) hours of administrative leave on July 1st of each year,
subject to the following limitations. Such administrative leave hours shall be maintained
in the employees' Administrative Leave banks. The parties encourage employees to use
their administrative leave during the fiscal year (July 1st through June 30th) in which it is
accrued. An employee may not have more than ninety-six (96) hours of administrative
leave on the books at any time. If an employee does not use all of his/her administrative
leave within the fiscal year in which the employee accrued it, he /she will not accrue the
maximum number of administrative leave hours in the next fiscal year. Instead, the
employee will only earn that number of administrative leave hours, on July 1st of each
year that will bring the employee's balance of administrative leave hours up to the
maximum number. Because administrative leave cannot be removed from an employee
once earned, and the parties do not want employees to have more administrative leave on
the books than would be received within the current fiscal year, any hours of
administrative leave carried over at the end of the fiscal year results in the employee
being unable to accrue that same amount of administrative leave in the next fiscal year.
Thus, for example, if an employee uses only eighty (80) hours of administrative leave
during a fiscal year and carries over sixteen (16) hours of administrative leave to the next
fiscal year, that employee will only accrue eighty (80) hours of administrative leave on
July 1st, bringing the employee's administrative leave balance, on July 1st, up to the
ninety -six (96) hours maximum.
ARTICLE 17. MOVIE DETAIL
Section 1. Employees shall be paid seventy dollars ($70) 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.
ARTICLE 18. EXPERIENCE PAY
—For Employees Ilired On or Before June 30, 2010:
Section 1. Qualified employees represented by the Association with a minimum of ten
(10) years of full -time service as a sworn peace officer with a Municipal, County, or State
8
Police agency meeting Police Officer Standards and Training (P.O.S.T.) standards, or
their equivalent, 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 /her 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
qualifying service, experience pay shall be paid at a rate of five percent (5 %) of the
qualified employee's monthly base salary.
Section 4. Experience pay — Twenty (20) Years of Service — After twenty (20) years of
qualifying service, experience pay shall be paid at a rate of ten percent (10 %) of the
qualified employee's monthly base salary.
Section 5. Experience pay -- Twenty-five (25) Years of City of Seal Beach Service — After
twenty-five (25) years of City of Seal Beach Service (only service with the City of Seal
Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15 %) of the
qualified employee's monthly base salary.
Section 6. Experience pay is not cumulative. Thus, an employee will only receive the
highest level of experience pay for which the employee is qualified. For example, an
employee reaching 20 years of service as a sworn peace officer with the City of Seal Beach,
stops receiving the 5% Ievel of experience pay and begins receiving only the 10% level of
experience pay. Such an employee does not receive both the 5% level and the 10% level, at
the same time.
Section 7. Qualified non -sworn employees represented by the Association with ten (10)
years or more of consecutive Seal Beach service shall be eligible to receive experience
pay under only Section 3, above: Sections 4 and 5 do not apply to non -sworn employees
represented by the Association.
— For Employees Hired On or After July 1, 2010:
Section 8. Qualified employees represented by the Association with a minimum of ten (10)
years of full time service as a sworn peace officer with the City of Seal Beach shall be
eligible to receive experience pay.
Section 9. 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.
Section 10. Experience pay shall be as follows:
A. After ten (10) years of City of Seal Beach sworn peace officer service, experience
pay shall be paid at a rate of five percent (5 %) of the qualified employee's monthly base
salary.
9
B. After twenty (20) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of ten percent (10 %) of the qualified employee's
monthly base salary.
C. After twenty-five (25) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of fifteen percent (15 %) of the qualified
employee's monthly base salary.
Section 11. Experience pay is not cumulative. Thus, an employee will only receive the
highest level of experience pay for which the employee is qualified. For example, an
employee reaching 20 years of service as a sworn peace officer with the City of Seal Beach,
stops receiving the 5% level of experience pay and begins receiving only the 10% level of
experience pay. Such an employee does not receive both the 5% level and the 10% level, at
the same time.
ARTICLE 19. EDUCATION INCENTIVE PAY
This Article is only applicable to sworn employees in the bargaining unit represented by
the Association. Non -sworn employees represented by the Association are not eligible
for Education Incentive Pay.
Section 1. Forty -five (45) Semester Units of College Credits — 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 his/her
monthly base salary.
Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T.
Certification - 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 his /her
monthly base salary.
Section 3. Bachelor of Arts/Bachelor of Science (BA/BS) Degree or Advanced P.O.S.T.
Certification - Employees covered by this section who have completed BA/BS 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 his/her 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;
e.g., employees with an Associate's and 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
10
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 educational 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. Higher Education Degree Programs - Unit members attending accredited
community colleges, universities, and trade schools for the purpose of obtaining a
higher education degree may apply for reimbursement of tuition, books, student fees
and parking. Reimbursement is capped each calendar year at the tuition rate of the
Cal State University system for up to 2 semesters of full -time, undergraduate
enrollment.
Reimbursement is contingent upon the successful completion of the course. For any
course that could be taken for a letter grade, it must be taken for a letter grade and
successful completion means a grade of "C" or better for undergraduate courses and a
grade of `B" or better for graduate courses. For any course that can only be taken for
a grade of "credit" or "no- credit ", successful completion means a grade of "credit ".
All claims for tuition reimbursement require prior approval and are subject to
verification and approval by the City Manager. This tuition reimbursement does not
pertain to P.O.S.T. courses attended on duty.
Example: Officer A attends California State University, Long Beach, for
the spring 2011 semester and completes two 3 -unit undergraduate courses
with a grade of "C" or better. The tuition reimbursement would be
calculated as follows:
2010 -2011 State University Tuition $ 1,227.00 (0 -6 units)
Required University Fees $ 290.00 (approx.)
Parking $ 123.00
Books ' $ 300.00 (approx.)
TOTAL $ 1,940.00
11
B. Professional Conventions and Conferences - Unit members who attend job related
conventions and conferences that are not sponsored by the Department may submit
for reimbursement under the tuition reimbursement program for the cost of
enrollment. Attendance of conventions and conferences must be job related and pre -
approved by the Chief of Police. The cost of travel, sustenance, and lodging is not
•
reimbursable under tuition reimbursement per IRS Publication 970.
ARTICLE 21. PIIYSICAL 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. When an employee is sent by the City to a training program which is not a
part of his/her 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. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans' Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year's Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents' Day (3rd Monday in February)
Memorial Day (Last Monday in May)
12
Section 2. Floating Holidays
The City will also recognize two (2) floating holidays each fiscal year for sworn
employees in the bargaining unit. The City will also recognize one (1) floating holiday
each fiscal year for non -sworn employees in the bargaining unit. Each unit swom
employee shall be eligible to accrue up to a maximum of two (2) floating holidays on
July 1st of each year, subject to the following limitations. Each unit non -sworn employee
shall be eligible to accrue up to a maximum of one (1) floating holiday on July 1st of
each year, subject to the following limitations. The floating holidays shall be taken, or
cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued.
A swom employee may not have more than two (2) floating holidays on the books at any
time. A non -sworn employee may not have more than one (1) floating holiday on the
books at any time. If an employee does not use, or cash out, all of his/her floating
holidays within the fiscal year in which the employee accrued them, he /she will not earn
the maximum number of additional floating holidays in the next fiscal year. Instead, the
employee will only earn that number of floating holidays, on July 1st of each year that
will bring the employee's balance of floating holidays up to the maximum number. Thus,
for example, if a sworn employee uses, or cashes out, only one floating holiday during a
fiscal year, that swom employee will only accrue one additional floating holiday on July
1st of the following fiscal year, bringing the sworn employee's floating holiday balance
up to two (2) floating holidays. The parties encourage employees in the unit to use their
floating holidays. Since floating holidays cannot be removed from an employee once
earned, and the parties do not want employees to have more floating holidays on the
books than would be received within the current fiscal year, a floating holiday(s) carried
over at the end of the fiscal year results in the employee being unable to earn that
holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually selected by the
employee subject to the approval of the Chief of Police. Approval will not normally be
granted if it would require the Department to backfill the employee's position at time -
and- one -half to maintain necessary staffing/deployment levels. A floating holiday cannot
be used on any of the designated holidays recognized by the City or on another floating
holiday. To request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave /overtime and special pay report".
The past practice of the City in permitting the stacking of floating holidays is specifically
eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a
holiday falls on a day that a sworn employee performs no work (whether the day is the
employee's scheduled work day or not), the employee shall be paid 12.33 hours of
holiday pay for the holiday, at the employee's regular hourly rate of pay. When a holiday
falls on a day that a non -sworn employee performs no work (whether the day is the
employee's scheduled work day or not), the employee shall be paid 10 hours of holiday
pay for the holiday, at the employee's regular hourly rate of pay.
13
B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday
falls on a day that a sworn employee performs work (whether the day is the employee's
scheduled work day or not), the employee shall be paid as follows:
1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid "hardship" pay as follows:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on
the holiday, at the rate of pay otherwise specified in this MOU for such work
hours, and
c. Pay for the number of hours of work the employee actually performed on
the holiday, at the employee's base hourly rate of pay.
Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn
pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay as per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on the
holiday, at the rate of pay otherwise specified in this MOU for such work hours.
Example 2: Officer B works 8 hours on Veterans' Day or a Floating Holiday.
Officer B would earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
C. The past practice of the City paying hardship holiday pay to an employee on a
designated hardship holiday when in fact said employee did not work on the designated
hardship holiday is specifically eliminated by the above Language.
14
Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non -FLSA
compensatory time at the rate of one hour of hardship pay converting to one hour of time
off or to one hour of non -FLSA compensatory time.
ARTICLE 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
retirees shall be no Iess 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
calendar days, unless specifically provided for within this MOU, authorized by the City
Manager, or otherwise provided for by federal or state "Family Leave Acts" and/or
"Workers' Compensation" requirements.
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
15
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 CaIPERS on an annual basis. Effective January 1, 2008 the City's
contribution under PEMHCA shall be $97.00.
The City has implemented 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 monthly flex dollar allowance shall
be:
Calendar Year 2010 2011 2012 2013
For single employees: $550 $650 $850 $1050
For employee +1 dependent: $850 $950 $1150 $1350
For employee + 2 or more dependents: $1100 $1200 $1400 $1600
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 three hundred 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 Insurance Plan for Retirees
A. 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 swom retired employee at the rate of (a) the .
i average of the two (2) lowest cost health care plans offered by Ca1PERS, or (b) the
Ca1PERS 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 CaIPERS, or (b) the Ca1PERS
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
16
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 Ca1PERS, or (b) the
Ca1PERS 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 Ca1PERS, or (b) the Ca1PERS
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 Ca1PERS, or (b) the
CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by Ca1PERS, or (b) the Ca1PERS
Kaiser HMO Medicare supplement plan, whichever is greater.
B. The City shall provide to any swom 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 CaIPERS.
C. In all cases, the City's contribution for eligible dependent coverage for retirees
shall terminate with the death of the retiree.
D. 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 3. 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.
1. Those qualified non -sworn positions with 20 or more years of
employment with the City, have reached 55 years of age, 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
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.
2. Those qualified non -swom positions with 20 or more years of
employment with the City, have reached 55 years of age, and retires after December 31,
17
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 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.
3. Those qualified non -sworn positions hired by the City on or after
January 1, 2008, with 20 or more years of employment with the City, have reached 55
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 Ca1PERS. If said
employee has 30 or more 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.
4. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
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 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
The City shall pay 100% of the premium for a term life insurance policy with a face
value of $50,000, double indemnity accidental death benefit and a dependent death
benefit in the amount of $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.
ARTICLE 31. SECTION 125 PLAN
The City will provide a Section 125 Plan (pre -tax 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
18
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 unit members. 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
Employee under 40 Alternate years
Employee 40 & Over Every year
ARTICLE 33. RETIREMENT
Section 1. The City shall contract with PERS for a two -tier retirement plan for public
safety employees covered by this MOU. The two tiers shall be three percent (3 %) at age
fifty (50) and two percent (2 %) at age fifty (50).
A. For public safety employees covered by this MOU who were hired by the
City before the effective date of the two -tier retirement plan, 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.
B. For public safety employees covered by this MOU who were hired by the
City on or after the effective date of the two -tier retirement plan, the City shall make
contributions to the PERS plan known as two percent (2 %) at fifty (50) with those
benefit options as provided for in the contract between the City and PERS.
C. 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 of PERS.
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 of PERS.
19
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 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 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.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.
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 34,
Section 1.A. or time worked on scheduled days off.
B. Four -Ten (4 -10) Workweek
Time worked in excess of eighty -six hours ina FLSA work period as defined in Article 34,
Section 1.A. or time worked on scheduled days off.
20
C. Five -Eight (5 -8) Workweek
Time worked in excess of eighty-six hours in a FLSA work period as defined in Article 34,
Section 1.A. or time worked on scheduled days off.
Section 2. Compensation for Overtime
A. Authorized non -FLSA overtime shall be compensated in pay or compensatory
time at the rate of one -and- one -half (1 -1/2) times the straight time hourly equivalent of the
base hourly rate of pay.
B. In computing overtime for a work period, time absent from duty as a result of use
of sick leave, vacation, holiday or compensatory time off shall not be considered as time
deemed to have been worked.
Section 3. Compensatory Time - 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) calendar days (one payroll
cycle), and file a written request with the Chief of Police. The Chief of Police shall grant
compensatory time off based on departmental manpower needs. If an employee fails to
provide fourteen (14) calendar days (one payroll cycle) advance notice to the Chief of
Police, the Chief of Police 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 has accumulated seventy-five (75) hours
of compensatory time will be reimbursed within the pay period earned for any overtime
in excess of seventy -five (75) hours maximum.
C. An employee may, upon written request submitted to and approved by the
City Manager, receive reimbursement for the requested number of hours of accumulated
compensatory time 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 then existing rate of pay.
21
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 of Svc 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 on or before February 1, 1998, shall accrue
vacation leave by the following schedule:
Years of Svc Hourly Accrual Rate Per Pay Period Annual Accrual Rate
0 -5 Years 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10 -15 6.154 160 hours
16+ 7.692 200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of 400 hours.
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.
22
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 accumulated 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.
Section 5. Vacation Payment at Termination — Employees terminating employment shall
be paid in a lump sum for all accumulated vacation 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 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 his /her 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
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 of absence, after notice to return to
duty, the employee shall be reinstated to the position held at the time the leave of absence
was granted. Failure on the part of the employee to report promptly at such leave of
absence's expiration and receipt of notice to return to duty, shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be
eligible to accumulate or receive fringe benefits except as specifically provided for in this
23
Memorandum of Understanding, except that the City shall contribute to an employee's
medical and dental health plan, disability insurance plan, and life insurance plan for the
first thirty (30) calendar days of the leave of absence.
ARTICLE 38. UNAUTHORIZED ABSENCE
Unauthorized absence is days, or portions of days, wherein an employee is absent from
work without City approval. Unless subsequently approved, such absence will result in a
deduction from the employee's pay of an amount equivalent to the time absent.
Employees taking unauthorized absence may be subject to disciplinary action, up to and
including termination of employment.
ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of bereavement leave, 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 parent and adoptive parent)
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
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/her cost.
24
ARTICLE 41. This article was intentionally left blank and has been reserved for future
use.
ARTICLE 42. JURY DUTY
Section 1. 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 -1/3) hours per
calendar month for each calendar month that the sworn 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 sworn 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 -1/3) hours per calendar month for each calendar month that the
employee has worked regularly scheduled hours. This new sick leave bank, established
February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave
shall not be used to postpone the effective date of retirement as determined by the City.
C. Employees who are on authorized leaves of absence, without pay, shall not
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.
25
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 base hourly rate of pay or (ii)
two thousand five hundred dollars ($2,500). Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City. Remaining sick leave
hours are converted to 8 hour days and reported to CaLPERS for service credit.
3. Employees employed prior to July 1, 1985, who are retired because of
work related disabilities will be paid all of their accumulated sick leave at their final base
hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective
date of retirement as determined by the City. Any sick leave accrued after February 4,
1998 will be placed in the sick leave bank set forth in Section 1.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 his/her accumulated sick leave
provided as follows:
A. Immediately upon return to duty, the employee submits to his/her supervisor a
written request for sick leave and a written statement signed by his/her 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 his /her duties, the employee may be required to take a
medical examination at City expense and provide a medical release to return to work
from the employee's physician as prescribed by the City Manager. The employment
record and the results of such examination shall be considered by the City Manager in
determining the employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar days. If the
employee desired an extension, he /she shall follow, prior to the termination of the initial
leave, the procedure described in Section 3.B above.
26
Section 4. Accrual and Payment - Miscellaneous Positions
A. All full -time miscellaneous employees covered by this section shall accrue
sick leave at the rate of one day per month (10 hours). The maximum accumulation 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.
C. Upon termination of employment with the City, all leave hours will be paid to
the employee at the employee's base hourly 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 hourly rate of
pay.
D. Employees who are on authorized leaves of absence, without pay, shall not
accrue sick leave hours during said leaves of absence.
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. CATASTROPHIC LEAVE
Section 1. Establishment — A Catastrophic Leave Program for the Association was
established which allows donation of paid time for employees represented by 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 leave bank balances and who will suffer a financial hardship due to prolonged
illness or injury to themselves, or a member of their immediate family. Sick Leave is
excluded from this program. The conditions of this program are as follows:
A. Catastrophic Leave will be available only to employees who have exhausted
their own paid leave through bona fide serious illness or accident.
27
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.
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 require medical justification as evidenced by a Physician's Statement that the
presence of the employee is necessary.
K. 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 ability
to perform normal duties.
ARTICLE 45. FAMILY LEAVE (FMLA/CNRA)
Family Leave (FMLAICFRA) 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
Swom 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.
28
ARTICLE 47. OFF -THE -JOB INJURY
An employee injured outside of his/her service with the City shall be compensated
through the disability insurance plan provided by the City.
ARTICLE 48. PERSONNEL RULES AND REGULATIONS
Section 1. 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 eighty (180) calendar 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 his/her 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 more frequent intervals when deemed necessary
by the Chief of Police. Permanent employees shall have their performance evaluated
annually or at more frequent intervals when deemed necessary by the Chief of' Police.
Such evaluation shall be reported in writing and in the form approved by the Personnel
Department.
29
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.
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 1. The parties shall reopen any provision of this MOU for the purpose of
complying with any final order of a Federal or State Agency or Court of competent
jurisdiction requiring a modification or change in any provision or provisions of this
MOU, in order to comply with State or Federal laws.
ARTICLE 52. This article was intentionally left blank and has been reserved for future
use.
ARTICLE 53. NO STRIKE - NO LOCKOUT
Section 1. The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU they will not cause or condone any strike, walkout,
slowdown, sickout, or any other job action by withholding or refusing to perform
services.
30
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 any one 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/her 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
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.
31
ARTICLE 57. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratification by 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: E130110
David Carmany, City Manager Serge. nt Joe Miller
Date: Date: -
fii,/ l 1Z11C.
Robbeyn Bird, Director of Administrative Ser eant n LaVelle
Services
Date: 3/3410
Date:
Ati&
`ergean\ C.wles
Jill Ingram, Assistant to the City Manager
Date:
Jeff Kirkpatrick, Chief of Police
32
EXI BIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers. Officers work
out on their off duty time and may, depending upon availability of funds and staffing
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each 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 32 of the S.B.P.M.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
33
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.
REQUIRED 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 16:31 -Above 17:01 -Above 17:31 -Above 18:01 -Above
Maint Level 11:00 12:00 12:30 13:00
Minim. Level 14:30 15:15 15:30 15:45
34
40-49 50+
Below Below
Excellent 12:15 12:30
Good 12:16 -13:45 12:31 -14:30
Fair 13:46 -16:15 14:31 -17:00
Poor 16:16 -18:15 17:01 -19:00
Very Poor 18:16 -Above 19:01 -Above
Maint. Level 13:30 14:00
Minim. Level 16:00 16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and
toes. A partner places his fist on the ground below the officer's chest. The officer must
keep his back straight at all times and from the up position, lower him/herself to the floor
until his chest touches his partner's hand and then push to the up position again. 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 1 -Below
Maint. Level 40 35 25 18
Minim. Level 18 15 13 11
PULL -UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight
in the beginning position with the feet off the ground. Officer must pull his body up to a
position where his chin is above the bar for one repetition; the total number of correct
pull -ups are recorded and compared to the standards on the chart.
In lieu of pull -ups, officers may choose to do the "La Pull". Officers are required to pull
down 70 percent of their body weight ten times in order to achieve maintenance level.
Under30 30 -39 40 -49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6 -7 4 -5 3-4 2 -3
Poor 5 3 2 1
Very Poor 4 & above 2 & under 1 & under 0
Maint. Level 8 6 5 4
Minim. Level 5 3 2 1
SIT -UPS
Officer starts by lying on his /her back, knees bent heels flat on the floor and arms folded
35
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 *
Under 30 30 -39 40-49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40 -50 34-44 27 -39 23 -39
Fair 35 -39 29 -33 20 -26 16 -22
Poor 24 -34 18 -28 7 -19 6 -15
Very Poor 23 - 17 - 6 - 5 -
Maint Level 45 40 35 30
Minim. Level 30 - 25 20 15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are
placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his
toes with his fingertips as far as he can. The distance above or below his heels is
measured. The distance is recorded as plus or minus inches. Plus inches is below the
heels and negative is above the heels. Compare the results against the standards on the
chart.
Under30 30 -39 40-49 50+
Excellent +10" & below +9" & below +8" & below +7" & below
Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" 0 to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +1" -6.5" to +.5" -9" & above -10" to 3.5"
Very Poor -5" & above -7" & above -9.5 & above - 10.5 "& above
Maint. Level +5" +4" +I" 0"
Minn. Level 0" -2" -4" -5"
36
Attachment "B"
Seal Beach POA - MOU
Redline /Strikeout Version
SEAL BEACH POLICE 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 4
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 of Understanding 5
ARTICLE VI - SPECIAL PAY PROVISIONS 6
Section 1. Uniform Allowance and Safety Equipment 6
Section 2. Temporary Assignment Pay 6
Section 3. Court Time 7
Section 4. Call -back 7
Section 5. Training Programs 7
Section 6. Educational Incentive Pay 8
Section 7. Stand -by Pay 8
Section 8. Experience Pay 9
I
Section 9. Movie Detail 10
Section 10. Bilingual Compensation 10
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION 11
Section 1. Administration 11
Section 2. Selection and Funding 11
Section 3. Limits 11
Section 4. Changes 11
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND
DISABILITY INSURANCE 11
Section 1. 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, 2008.) 12
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.) 12
Section 5. Life Insurance Plan 13
Section 6. Disability Insurance Plan 13
Section 7. Premium Only Plan (pre -taxed deduction) 13
Section 8. Annual Physical 13
ARTICLE IX - RETIREMENT 14
Section 1. 14
Section 2. 14
•
ARTICLE X - HOURS OF WORK 14
Section 1. Work Period 14
Section 2. Three- Twelve Work Schedule 15
ARTICLE XI - OVERTIME COMPENSATION 15
Section 1. Overtime Defined 15
Section 2. Compensation for Overtime 15
Section 3. Compensatory Time 15
Section 4. Overtime Reporting 16
ARTICLE XII - HOLIDAYS 16
Section 1. Recognized Holidays 16
Section 2 Hardship Compensation 18
II
ARTICLE XIII - VACATION 18
Section 1. Eligibility 18
Section 2. Accrual 19
Section 3. Maximum Accrual 19
Section 4. Use of Vacation 20
Section 5. Vacation Payment at Termination 20
Section 6. Vacation Accrual During Leave of Absence 20
Section 7. Prohibition Against Working for City During Vacation 20
ARTICLE XIV - LEAVES OF ABSENCE 20
Section 1. Authorized Leave of Absence Without Pay 20
Section 2. Bereavement Leave 21
Section 3. Military Leave of Absence 21
Section 4. Pregnancy Disability Leave of Absence 21
Section 5. Unauthorized Leave of Absence 22
Section 6. Catastrophic Leave 22
ARTICLE XV - JURY DUTY 23
Section 1. Compensation for Jury Duty 23
ARTICLE XVI - SICK LEAVE 23
Section 1. General Sick Leave Provisions 23
Section 2. Eligibility 23
Section 3. Accrual 23
Section 4. Accumulation and Payment 24
Section 5. Sick Leave During Vacation 24
Section 6. Extended Sick Leave 25
Section 7. Family Leave 25
Section 8. On The Job Injury 26
Section 9. Off The Job Injury 26
ARTICLE XVH - PROBATIONARY PERIODS 26
Section 1. Appointment Following Probation Period 26
Section 2. Objective of Probationary Period 26
Section 3. Employee Performance Appraisal 26
Section 4. Rejection of Probationary Employee 27
ARTICLE XVIII - LAYOFF PROCEDURES 27
Section 1. Policy 27
ARTICLE XIX - MISCELLANEOUS PROVISIONS 27
III
Section 1. Tuition Reimbursement 27
A. Higher Education Degree Programs /8
B. Professional Conventions and Conferences 1 8
Section 2. Physical Fitness Program 28
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING 28
Section 1. 28
Section 2. 29
Section 3. - 29
ARTICLE XXI - CONCERTED REFUSAL TO WORK 29
Section 1. 29
Section 2. Association Responsibility 29
ARTICLE XXII - EMERGENCY WAIVER PROVISION 30
Section 1. 30
ARTICLE XXIII - SEPARABILITY 30
Section 1. 30
ARTICLE XXIV — PERSONNEL RULES AND REGULATIONS 30
Section 1 30
ARTICLE XXV — MOU REOPENERS 30
Section 1 30
Section 2. 30
Section 3. 30
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING 30
Section I. 30
Section 2. 30
ARTICLE XXVII - RATIFICATION 31
Section 1. 31
EXHIBIT A 33
Iv
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
ARTICLE 1 - RECOGNITION
Section 1. Pursuant to the provisions of the Employer - Employee Relations Ordinance No.
769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer"
interchangeably) has recognized, for the purpose of this Memorandum of Understanding
(MOU), the Seal Beach Police Officer, Association (^SBPOA" and /or "Association" __- -{ Deleted:
interchangeably) as the majority representative of the employees in the bargaining unit,
which includes Police Department full -time employees in the classifications and assignments
of: a) Police Officer and b) Police Corporal.
Section 2. The City recognizes the Association as the representative of the employees in the
classifications and assignments set forth in Section 1. above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyers- Milias -Brown Act,
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
1 meeting with employees who are represented by the Association and/or other officers of _ `` -( Deleted: members
Association.
Deleted: employees of
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS
Section 1. Dues and Benefit Deductions
1 A. The City will provide voluntary payroll deductions for allprilovees represented - _ _ _ - - Deleted: members
l &the Association for regular an d peri dues an d be nefit pro as s D or S
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.
1 B. The City shall remit such funds to the Association within twenty -one (21)
1
•
calendacdays following the deductions. _ _ - { Deleted: fifteen (IS)
C. With re • and to deductions under this Section I the Association a• reel to hold the_ - - - Deleted: The City shall make payroll
City harmless and indemnify the City against any claims, causes of actions. or lawsuits deductions for purposes of an employee
depositing funds or making payments
arising out of the deductions or transmittal of such funds to the Association, except the directly to a Federal Credit Union,
intentional failure of the City to transmit to the Association monies deducted from the providing that any deductions shall not be
less than two dollars (S2.00) on a bi-
employees pursuant to this Section. weekly basis.
Section 2. Other Deductions, _ - -( Deleted: tndemniseai on J
The City shall make payroll deductions for purposes of an employee depositing funds or -- Deleted: The Association agrees to
making payments directly to a Federal Credit Union, providing that any deductions shall not `, hold the City hamdess and indemnify the
be less than two dollars ($2.00) on a bi- weekly basis: ciryagvnstany elain ,a.causuofaeeons,
or lawsuits mismg out of the deductions
• or transmittal of such funds to the
• Association, except the intentional failure
ARTICLE 111- CITY RIGHTS of the City to transmit to the Association
` monies deducted from the employees
` pursuant to this Arficle.
Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of 1 Deleted: 1
Management which have not been expressly abridged by specific provisions of this MOU or
by law in the exercise of its rights to manage the business of the City, as such rights existed
prior to the execution of this MOU. The sole and exclusive rights of management, not
abridged by this MOU or by law, shall include, but not be limited to, the following rights:
A. To determine the nature, manner, means, technology and extent of services and
activities to be provided to the public.
B. To determine and/or change the facilities, methods, technology, means and size
of the work force by which the City operations are to be conducted.
C. To determine and change the number of locations, and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract for any work or operation.
D. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
E. To establish and modify employee performance standards and productivity and
performance programs including, but not limited to, quality and quantity standards, and to
require compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to maintain
order, safety and efficiency in the City, its facilities and operations. _ _ - -{ Deleted:' J
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
2
•
cause in accordance with the provisions and procedures set forth in departmental disciplinary
procedure.
Section 2. Where the City is required to make changes in its operations because of the
requirements of law, or whenever the contemplated exercise of City Rights shall impact the
wages, hours, and other terms and conditions of employment of the bargaining unit, the City
agrees to meet and confer in good faith with representatives of the Association regarding the
impact 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 Compensation Plan
A. All employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a monthly base
salary oracle adopted by the City Council. The salary schedule shall consist of five (5) steps_ - - - Deleted: range
else
within each . - Deleted: range
B. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the normal
entering salary step within the assigned °made upon the recommendation of the Chief of _ _ - { Deleted: range
Police and the approval of the City Manager when it is decided that such action is in the best
interest of the City.
C. The second step, B step, is a merit adjustment which may be given at the end of
six (6) months of employment subject to the recommendation of the Police Chief and
approval of the City Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee
to improve his work and to recognize increased skill on the job. Employees are normally
eligible for these adjustments at any time after the completion of one (1) year of service at
the preceding step. Each adjustment may, be made subject to the recommendation of the { Deleted: shall
3
1 Chief of Police and approvajokthe City Manager. - -- Deleted: ed
Deleted: by
Section 2. Advancement within Salary Grades, -------------------------------- { Deleted:
A. In order to properly compensate an employee, advancement in base salary shall
be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased
service value of the employee to the City.
C. The Chief of Police and/or the employee immediate supervisor shall be _ - - { Deleted:
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
1 levels for each step increase within a base salary ode. Achievement levels may be formal _ _ - { Deleted: range
or informal and shall be reviewed by the Chief of Police for the purpose of maintaining
uniformity of standards throughout the department.
Section 3. Salary Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a position with a
higher base salary ,grade, the employee shall be compensated at a step of the salary jzrade_ - - - { Deleted: range
assigned to the new position that is closest to providing a five percent (5 %) salary increase Deleted: range
over the monthly base salary received immediately prior to promotion. .
B. Temporary Appointment - In special circumstances, when in the best interest of
the City, the City Manager may approve a temporary assignment of an employee to a higher -
level classification. In such temporary assignments lasting thirty (30) consecutive calendar •
days or more, the employee shall be compensated at a step of the monthly base salary ,drade_ _ _ - { Deleted: range
assigned to the new position that is closest to providing a five percent (5%) salary increase
over the monthly base salary received immediately prior to the temporary appointment.
Section 4. Salary Decreases Following Demotion
In the case of a demotion of any employee represented by the Association, to a _ _ - { Deleted: in the depa fnent i
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.
1 Section 5. Adjustments of Salary Graded _ - { Deleted: japes
4
When a salary grade for a given classification is revised upward or downward, the - { Deleted: range J
incumbents of positions and classifications affected shall have their existing monthly base
salary adjusted to the same relative step in the new salary �rade and their anniversary date -_ {Deleted: range J
shall not be changed.
Section 6. Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee shall forfeit all
rights, privileges and salary, except he shall not forfeit his Healthcare health plans including
dental, ,disability insurance, or life insurance. Should such suspension be later modified or - _ -{ Deleted: retirement plan, ,
revoked, the employee shall be entitled to receive payment for loss of income and benefits
for any portion of the suspension that is disapproved. _ _ -- Deleted: during the period of
suspension
Section 7. Salaries during Term of Memorandum of Understanding
The following salary grade increases shall be provided to employees represented by the _ - Deleted: base
Association. The salary grade increases shall be effective during the firstpayroll period _ _ - Deleted: base
commencing during the indicated month of the following indicated years. The actual _ _ _ _ _ _ Deleted: Retroactivity shall be applied
percentage salary grade increase shall be determined by reference to the change in the to all members who are actively
Los Angeles- Riverside -Orange County, California Consumer Price Index FAIT Items, All employed at the time of the adoption of
Urban Consu mers.published by the US. Departm of Labor index base period (1982
the agreement
ofSeal B by the City Council of the
_ _ City ofSeal Beach.
• 84 =100) and not seasonally adjusted] (CPI -U). The one -year time period for assessing a - Deleted,
percentage change in the CPI -U shall be from the month of April of the prior year to the
month of April of the year in which a salary grade increase is effective. For example, the , Deleted: 2007
salary grade increase that will be effective in July 2011 will be calculated with reference Deleted:
to the change in the CPI -U between April 2010 and April 2011. If the percentage /;' Deleted: I(mye
increase in the CPI -U is equal to or less than two percent (2 %), the associated increase in ,' Deleted:. .
the salary grade shall be two percent (2 %). If the percentage increase in the CPI -U is ; , 1 Deleted: .
equal to or greater than five percent (5 %), the associated increase in the salary grade shall ; � ( Deleted: Ps 200-01
be five percent (5 %). If the percentage increase in the CPI -U is between two percent
(2 %) and five percent (5 %), the associate increase in the salary grade shall be equal to the /11,1//' Deleted:
percentage increase in the CPI -U. � '�; Deleted: Fourpercem (4%)
, 1 V' Deleted:
:4r,
1) Effective the first payroll period in July 201 1' ; I'ti'i, Deleted: PS 300 - 01
1 ,,'q D
Position Grad I '
G� jncrease F) ' %; Deleted: Four percent (4 %)
De leted: 2008
Police Officer _ _ Tw o to Fiveperce (2% -. 5 °/ 1
1
4,' Deleted:
Police Corporal 29_ _ Two to Fivercent (2 % - 5 %L % '
t , Deleted: Ranee
,' Deleted:
2) Effective the first payroll period in July 2012; Deleted: PS 200 - 0l j f
a I,' Deleted:
Position Grade Increase Deleted: Four percent (4%)
a' , Deleted: .
Police Officer 97 Two to Five percent (2%- 5 %1 r - ; Deleted: Ps 300-01
Police Corporal ,29, Two to Five percent (20/ .
-4 ` Deleted:
Deleted: Four percent (4 %) ,
-
5
e _ -- Deleted:%
9
ARTICLE VI - SPECIAL PAY PROVISIONS �`, E ectve the firs payroll period in
t, July 2009¶
A
Section 1. Uniform Allowance and Safety Equipment r� Position trade Increases¶
l+ `, Police Officer... 27.. 4Y¶
A. An employee, whether or not said employee wears a traditional uniform, shall if Police corporal 29 4%%
• receive an annual uniform allowance of eight hundred dollars ($800) effective the first I r +', Deleted: 3) Effective the first payroll
payroll period following July 1 sr of each fiscal year. An officer assigned as a motor officer i i i', Period in July 2009:1
P r
shall receive an additional annual uniform allowance of two hundred forty dollars ($240) +� ', %
mss.. mar
I effective the first payroll period following July 1 of each fiscal yea; + ` 1 ,o Ran el
, 'p d Police Officer PS 200 -01.
B. The City shall provide the initial issue of uniforms to include two (2) pants and `, '" Deli:
two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other safety Deleted: Four percent (4 %)1
equipment as required by law or deemed necessary by the City. The City shall replace ';, P °l1Ce corporal PS 300 -0I
I and/or repair any equipment damaged within the course and scope of the employee's, ' Deleted:
employment. Recurring maintenance, repair and/or replacement due to normal wear shall be Deleted: For percent (4 °4
the responsibility of the employee. Deleted:. commencing with Fiscal
Year 2007 -08
C. An employee assigned as a motor officer shall receive an initial issue of required Deleted:
uniform items incident to such duty. Such items include, but are not limited to: jacket, boots,
gloves, and two (2) pair of trousers.
Section 2. Temporary Assignment Pay
• A. Field Training Officer (Regular Police Officer Trainees) - Each Officer
performing duties of a Field Training Officer for Regular Police Officer Trainees shall
receive one -hour compensation at straight time,either as pay at employee base hourly rate of_ - Deleted: for 3
pay or compensatory time off for each shift of recruit training. A shift shall be understood to - _ - Deleted: mem
be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible ,employee _ _ - -I Deleted: member
performing the duties of a Field Training Officer for Voluntary Reserve Officers shall
receive one (1) hour compensation at straight timeeither as pay at employee base hourly rate -- Deleted: (
of pay or compensatory time off for each shift of recruit training. A shift shall be understood'. ' Deleted; )
to be six (6) or more hours. Deleted: for
Deleted: meet
C. Motorcycle Officer - An officer assigned as a motor officer shall be paid two and
two-thirds (2 -2/3) hours at the rate of one and one -half (1 -1/2) times the employee's bass - %- Deleted: regular
hourly rate of pay per month in caringfor the motorcycle and related equipment required in Deleted:
said assignment.
I •
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 receive four hours compensation at (straight ` - Deleted: be compensated at the rate of
time) , either pay at em lo ee b_ a se ho rate of pay or compensatory time off per month - Deleted: for
for being subject to callous
Deleted: mem
6
Section 3. Court Time
A. An employee called for a subpoenaed court appearance which arises out of the
course of his employment and not contiguous with his work shift shall be compensated for a
minimum of two-and- two-thirds (2 -2/3) hours at the rate of one and one -half 0 -1/2) times
the e's use pay. Shou the appearance exceed two and two -thuds Deleted: regular
(2 -2/3) ho the employee hourly shall rate recei ve pay for ld the actual appea t m e, excluding any_ - _ _ Del ea 5 1
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.
B. Any appearance that is contiguous with a regular work shift is not subject to the
two and two- thirds (2 -2/3) hours minimum. Any appearance that is contiguous with a
regular work shift is not subject to the one and one -half (I -1/2) time rate unless the court
appearance otherwise qualifies as overtime under this MOU.
C. All employees agree to comply with the "on- call" policies administered by the
department. Should an officer be placed "on- call" during off duty hours for court .
appearance(s), he shall be granted two hours pay at the employee's straight time base hourly
rate of pay for any on call time prior to 12:00 noon and two (2) hours for all "on -call" time
after,12:00 noon. - - - { Deleted: the hour of ,
Section 4. Call -back
Employees who are called back to duty after having completed a normal shift or work day
assignment and departed„ from the work premises shall be paid one and one-half (1-1/2) - - Deleted: ing
times the employee's traight time base hourly rate of pay for each hour worked on call -back. = - --f Deleted: re g u l ar
The number of hours calculated at one ?lid one -half 0 -1/2) times shall not be less than four - Deleted: -
hours. Should a call -back exceed four (4) hours, the employee shall receive pay for the
actual call -back time, at the rate of one and one -half (1 -1/2) times the employees regular
hourly rate of pay. 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 -2/3) hours per incident. This time - Deleted:
so
shall be calculated at one and one -half (1 -1/2) times the employee's base, hourly rate of pay_.___- Deleted; regular
Should the incident exceed two and two- thirds (2 -2/3) hours, the employee shall receive pay
for the actual incident time, at the rate of one and one -half (1 -1/2) times the employee's
regular hourly rate of pay.
Section 5. Training Programs
A. The City shall pay reasonable expenses incurred by employees attending
Deleted: Employees attending City
approved training programs. Expenses include registration fees and the costs of purchasing approved Police Officers Standards and
required course materials, travel to and from the training course, meals and lodging shall be ' Training (POST) training programs
reimbursed per the City's adopted Per Diem policy. requiring an overnight stay(s) will receive
a pa diem allowance or provided as
provided by POST.y
1 B. When an em_ployee is sent by the Ci to a trainingprogram which is not apart ofd v
c.
7
his regular work schedule, the employee shall receive eight (8) hours pay for each full day of
training and such eight (8) hours pay shall be credited towards the computation of overtime.
Section 6. Educational Incentive Pay -, _ _ - - Deleted: effective the first payroll
A. Employees covered by this section who have completed forty-five (45) semester period ofrwy 2007.
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 theirinonthly_ - _ - - base
base salary; - - - - Deleted: rate of pay 51
Police Officer/Police Corporal $175.00 /month
B. Employees covered by this section who have completed sixty (60) semester units
of credit from an accredited college or university with at least nineteen (19) units in the field
of Police Science or have attained a POST Intermediate Certificate shall receive the
1 following compensation in addition to theirpionthly base salaiy ` ` - Deleted: base
Deleted: rate of pry
Police Officer/Police Corporal $275.00 /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
1 compensation in addition to their,monthly base salami _ - 4 Deleted: base
y
Deleted: rare of pay
Police Officer/Police Corporal $375.00 /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;
employees with an Associate's and.Bachelor's degree will receive compensation for the _ _ - - Deleted: f.e.
Bachelor's degree only. . Deleted: or
E. Employees receiving Educational Incentive Pay shall not lose that pay if they are
promoted to a classification which requires the education for which the employee is
receiving the additional pay. If the minimum educational requirements are lawfully changed
during the term of the MOU, employees receiving educational incentive pay will not be - 4 Deleted: an
affected by such change and will not suffer any loss of such incentive pay.
F. All payments under this Section are subject to verification and approval by the
City Manager.
G. Employees serving an original probationary period shall be ineligible to receive
educational incentive pay.
Section 7. Stand -by Pay
A. Detective Supervisor(s) may be assigned by the Chief of Police to "stand -by"
status.
8
•
B. Detective Supervisors who are specifically assigned to respond. twenty-four
hours per day, to incidents receive eight (8) hours of compensatory time offcer month. - -- Deleted: required to carry a pager
During any such month where the employee is so assigned for less than the entire month, _ - Deleted: individual carries a pager J
the number of compensatory time off hours shall be reduced in an amount reflecting the pro -
rated monthly time during which the employee was so assigned. Such compensatory time --{ Deleted: a pager was carried J
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 eamed
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.
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 at employee base hourly rate of pay per each weekend day. "Weekend" is
described as Saturday, Sunday or any holiday preceding or following the weekend day, in
the absence of any normally assigned detective.
c = _ - Deleted: I
Section 8. Experience Pay Deleted: D. Detective Assignment —
Mobile Phone Allowance — Effective
--For Employees Faired On or Before June 30, 2010: January I, zoos, Association members
who are assigned to work the detective
detail shall be paid a seventy-five dollars
A. Qualified employees represented by /he Association with a minimum of ten (10) ($75) per month Mobile Phone
Allowance. The allowance ceases when
years of full time service as a sworn peace officer with a Municipal, County or State Police `, the member returns to regular patrol
agency meeting POST standards, or their equivalent, shall be eligible to receive experience duties.p
pay. Deleted: of 1
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 follows: - Deleted: an increased in the qualified
1. ,After ten (10) years of service, experiencepay shall bepaid at a rate of employee's base salary
five percent (5 %) of the qualified employee's monthly base salary. Deleted: y
2. After twenty (20) years of service, experience pay shall be paid at a rate
of ten percent (10 %) of the qualified employees' monthly base salary,. - - Deleted: , not including the prior
increase
3. After twenty -five (25) years of City of Seal Beach sworn peace officer
service (only service with the City of Seal Beach shall apply), experience pay shall be
paid at a rate of fifteen percent (15 %) of the qualified employee's monthly base salary.
4. Experience pay is not cumulative. Thus, an employee will only receive+ --- { Formatted: Bullets and Numbering
the highest level of experience pay for which the employee is qualified. For example, an
employee reachinu 20 years of quali ing service stops receiving the 5% level of
experience pay and begins receiving only the 10% level of experience pay. Such an
employee does not receive both the 5% level and the 1 0% level, at the same time.
9
•
- -For Etnployees Hired On or After July 1; 2010:
A. Oualified employees represented by the Association with a minimum of ten (10)
years of full time service as a sworn peace officer with the City of Seal Beach shall be
eligible to receive experience pay.
13. 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 ofPolice. his designate or an individual ac ti n i his capacity
C. Experience pay shall be as follows:
1. After ten (10) years of City of Seal Beach sworn peace officer service,- - - - { Formatted: Bullets and Numbering
experience pay shall be paid at a rate of five percent (5 %) of the qualified employee's
monthly base salary.
2. After twenty (20) years of City of Seal Beach sworn peace officer - - - { Formatted: Bullets and Numbering
service, experience pay shall be paid at a rate of ten percent (10 %) of the qualified
employee's monthly base salary.
3. After twenty -five (25) years of City of Seal Beach sworn peace officer- - - - { Formatted: Bullets and Numbering
service, experience pay shall be paid at a rate of fifteen percent (15 %) of the qualified
employee's monthly base salary.
4. Experience pay is not cumulative. Thus, an employee will only receive* - -- -[ Formatted: Bullets and Numbering J
the highest level of experience pay for which the employee is qualified. For example, an
employee reaching 20 years of service as a sworn peace officer with the City of Seal
Beach, stops receiving the 5% level of experience pay and begins receiving only the 10%
level of experience pay. Such an employee does not receive both the 5% level and the
10% level, at the same time.
Section 9. Movie Detail
Unit employees shall be paid seventy, dollars ($7,0) per hour for outside movie details. It is , - ( Deleted: sixty
understood that time spent on movie details is brokered outside work and is not considered Deleted: 6
time worked for the purpose of calculating City overtime compensation.
1 ,Section 10._ Bilingual Compensation _ -- Deleted: Effective July r, 2009t, unit
Upon the recommendation of the Chief of Police, the City Manager may award a bilingual employees shall be paid seventy dollars
compensation bonus of fifty -two dollars and fifty cents ($52.50) per payroll period to an ($70) per ho for ou ide movie deals.
9
officer utilized by the Department for his/her bilingual skills. The City Manager shall 9
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
1 compensation.
10
Section 11. Cash Payment
A cash payment of One Thousand Dollars (S1 000) per employee shall be provided to
employees represented by the Association who are employed on the effective date of this
MOU. The cash payment shall be made during the first payroll period that commences
after this Memorandum of Understanding has been ratified, approved, and adopted in
accordance with Article XXVII. The cash payment will be made in lieu of a salary
increase at the beginning of this three -year MOU and thus shall not be used in calculating
any employee's regular rate of pay.
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any fringe benefit
programs that now exist or may exist in the future during the term of this MOU unless
otherwise specified within this MOU.
Section 2. Selection and Funding
In the administration of the fringe benefit programs, the City shall have the right to select
any insurance carrier or other method of providing coverage to fund the benefits included
under the terms of the MOU, provided that the benefits of the employees and affected
retirees shall be no less than those in existence as of implementation of this MOU.
Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive
calendar days, unless specifically provided for within this MOU, authorized by the City
Manager or otherwise provided for by federal or state "Family Leave Acts" and/or "Workers
Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee who has been absent without authorization during said month,
suspended without pay, or who has terminated from City employment unless specifically
provided for within this MOU.
C. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee when such premiums or fringe benefits are provided to the
employee through Workers Compensation and/or the Disability Insurance Plan.
Section 4. Changes
If, during the term of this MOU, any changes of insurance carrier or method of funding for
any benefit provided hereunder is contemplated, the City shall notify the Association prior to
any change of insurance carrier or method of funding the coverage.
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
11
INSURANCE J Deleted: (This Section shall not be
effective after December 31, 2007.)1
Section 1. Health Care Coverage. ,Health Care Coverage Al. Effective January 1, 2007, for the
-e employees covered by the terms of this
A. "Health Care Coverage" MOU, upon having completed thirty (30)
The City shall contribute an equal amount towards the cost of Healthcare coverage under days of uninterrupted service, the City
' shall pay up to the following amounts for
�
PEMHCA for both active employees and retirees. The City's contribution toward health and dental insuranu q
coverage under PEMHCA shall be the minimum contribution amount established by q
CaIPERS on an annual basis. Effective January 1, 2008 the City's contribution under For single employees
5524 /month¶
PEMHCA shall be $97.00. For employee +1 dependent
5778 /month9
i T e Ci as Im lemented a full flex cafeteria Ian and employees artici participating in the , For employee +2ormoredependrn[s...
.__ tY.�! p p P p g 5964 /mnthq
City's full flex cafeteria plan shall receive a flex dollar allowance to purchase group 1 9
health coverage under the City's Cafeteria plan. The monthly flex dollar allowance hall MOTE: Unused amounts may be
- , applied to Dental Insurance)
be: , I 9
, A2. Effective January 2008 and January
2009, the above cap shall be increased by
Calendar Year 2010 2011 2012 2013 , , average percentage increase of plan in
'' 1 Orange County. The percentage is
1 ,For single employees: x $550 $650 $850 1050 '
detenuined by CAPERS and published in
the PERS PEMHCA Circular Leiter
,For employee +1 dependent: $851)._9 5j _ $1 150 _ $1350 -1 1 i ssued echyear under basic piens.q
,For employee + 2 or more dependents: $1J00 $1200 $1400 X1600 1 1 ,ii, 9
X1 1 , , a For employees covered by the terms
A portion of the flex dollar allowance ($97.00) is identified as the City's 1 , thirty (30) days upon
uninterrupted service,
contribution towards PEMHCA. The PEMHCA contribution will be subject to VI I I I 101 S I contribution a n pay aem� insurance, as
change as the PEMHCA minimum contribution increases. Remaining flex dollars WI 1 '11 1 ,' listed below: q 1 .., 111
It it,
will be used by employees to participate in the City's health plans. 1 1 1 0';+ Deleted: (This Section shall become
1+,' effective on January 1, 2008.)
B. Subject to Public Employees' Retirement System (PERS)' administration V ' Deleted: Effecfive January 1, zoos,
requirements, the City shall make available to eligible employees participation in the group + +;' Deleted: t
Healthcare lans offered b PERS. it''
P Y 7,i'p Deleted: shall
I111
,i',P Deleted: for 2008
C. Employees who elect not to participate in the full flex cafeteria plan may receive + Deleted:
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. 1 '' 1 Deleted`
'' P ' Deleted:
Section 2,, Health Insurance Plan for Retirees , Deleted: .
A. The City shall provide to any retired employee (either service or disability), \ Deleted:
who is hired after August 1, 1983 and on or before December 31, 2007, and retires after \'(, Deleted:, j _
December 31, 2009, and who has attained the age of fifty (50) the following group health 11, Deleted: s
care insurance benefits: e , ? , Deleted: (This Section shall not be
r , , ,' effective after December 31, 20071 ... 121
1. If the employee has fifteen (15) or more years of full -time City of Seal t Deleted;
Beach service, the City shall pay for such retired employee at the rate of (a) the average of ■r Deleted: The City shall provide to any
the two (2) lowest cost health care plans offered by CaIPERS, or (b) the CaIPERS Kaiser ' ;' retired employee (either service 04 ... 13
HMO, whichever is greater. When the retired employee becomes Medicare eligible, the Deleted: C
City's contribution will be capped at the rate of (a) the average of the two (2) lowest cost Deletled:.
Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare
Deleted:
12
•
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 CaIPERS, or (b) the CaIPERS
Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible,
the City's contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare
supplement plan, whichever is greater.
3. If the employee has twenty-five (25) or more years of full -time City of
Seal Beach service, the City shall pay such retired employee and dependents, depending on
the qualified dependent status, the group health care insurance premium at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CaIPERS, or (b) the CaIPERS
Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible,
the City's contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare
supplement plan, whichever is greater.
, The City shall provide to any retired employee (either service or disability' who _ - - { Deleted: D
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 the minimum PEMHCA rate as determined
by CaIPERS.
Section 3. Life Insurance Plan
The City shall pay 100% of the premium for a term life insurance policy with a face
value of $50,000, double indemnity accidental death benefit and a dependent death
benefit in the amount of $1,000 per dependent.
- Deleted: $ec0on s Life 1 surd oligal
Section Q Disability Insurance Plan The City shall pay one hundred percent
(100 %) of the premium for a term life
The City shall pay one hundred percent (100 %) of the premium for the "employee's" long- insurance policy with a face value of
term disability insurance plan with an income continuation of not less than sixty-six and two- thirty - seven thousand dollars (S37,000).
thirds percent (66 -2/3 %) of the employee's monthly base salary subject to caps and eligibility d d u inde o ne ty aa death d idrntal death the en
befit
requirements as set forth within the policy of the accepted carrier. Modifications to the plan `, amount t thousand prone thousand spears (at,000)
shall be made only after the City has met and consulted with the Association, per dependent 1
▪ Deleted: fi 7
Section 5, Premium Only ?I!p (gre -taxed deduction) Deleted: and such modification made a
The City will provide a Premium Only Plan (POP) for health and dental benefits. This plan • part of MOU
will allow for payroll deduction healthcare and dental insurance coverage to be made before Deleted: 1
taxes (non - taxable) through salary reduction.
Section 6. Annual Physical _ - { Deleted: a
13
•
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.
Physical Exam Schedule:
1. New Employee Second year following appointment
2. Employee under 40 Altemate years
3. Employee 40 & over Every year
ARTICLE IX - RETIREMENT
Section 1. The City shall contract with PERS for a two -tier retirement plan. The two tiers
shall be three percent (3%) at age fifty (50) and two percent (2 %) at aoe fifty (50).
A. For public safety employees covered by this MOU who were hired by the City - - -- Formatted: Bullets and Numbering
before the effective date of the two -tier retirement plan, the City shall make contributions, to_ _ - ' Deleted: for the public safety personnel
the PERS plan known as three percent (3%) at fifty (50) with those benefit options as wvred by this MOu
provided for in the contract between the City and PERS.
B. For public safety employees covered by this MOU who were hired by the City ■ - -- { Formatted: Bullets and Numbering
on or after the effective date of the two-tier retirement plan, the City shall make contributions •
to the PERS plan known as two percent (2 %) at fifty (50) with those benefit options as
provided for in the contract between the City and PERS.
C_Modification(s) to the contract shall be made only after the City has met and- - - - { Formatted: Bullets and Numbering J
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
19
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.
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 time worked on scheduled days off _ _ - { Deleted: .1.
B. Four -Ten Work Week
Time worked in excess of eighty -six (86) hours in a FLSA work period as defined in
Article X, Section I .A. pr time worked on scheduled days off. - - - Deleted: forty (40) hours in a
workweek as defined in Article X,
C. Five -Eight Work Week Section LA2.
'Deleted:,
Time worked in excess of eighty -six (86) hours in a FLSA work period as defined in
Article X, Secti I , Secti o r time worked on scheduled days off. - _ - - Deleted: forty (40) hours in a
workweek as defined in Article X,
Section 2. Compensation for Overtime Section I.A3.
A. Authorized non -FLSA overtime shall be compensated in pay or compensatory
time at the rate of one and one -half 0 -1/2) times the straight time hourly equivalent of the
base hourly rate of pay. _ _ - { Deleted: monthly pay rate
B. In computing overtime for a work period, time absent from duty as a result of use _ _ - Deleted: regular work week or J
of sick leave, vacation, holiday or compensatory time off shall not be considered as time
deemed to have been worked. ( Deleted: C. If members regular work
schedule in any fourteen (14) day FLSA
7 cycle is less than eighty-six (86) hours,
they will be paid overtime for those hours
Section 3. Compensatory Time worked above their regular work
schedule.,
15
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 has accumulated ,seventy-five (75) hours of - - - Deleted: accumulates an excess of
compensatory time will be reimbursed within the pay period earned for any overtime in _ - - Deleted: cnatamount
excess of seventy-five (75) hours maximum.
D. An employee may, upon written request submitted to and approved by the City
Manager, receive reimbursement for the requested number of hours of accumulates(. _ - - { Deleted: 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 Reporting
In order for an employee to earn compensation for overtime, he must receive the supervisor's
or the Chief of Police's approval. Overtime worked to meet an emergency situation does not
require advance approval, but shall be certified by the Chief of Police before being credited
to the employee's record.
ARTICLE XII - HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans' Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year's Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents' Day (3rd Monday in February)
I Memorial Day (Last Monday in May).
Section 2. Floating Holidays
The City will also recognize ;floating holidays each fiscal year. Each unit employee Deleted: 3
shall be eligible to accrue up to a maximum of floating holidays on July 1st of each { Deleted: 3
16
year, subject to the following limitations. The floating holidays shall be taken, or may be
cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued.
An employee may not have more than 1floating holidays on the books at any time. If an - Deleted: 3
employee does not use, or cash out, botl>.of his/her floating holidays within the fiscal - Deleted: au 3
year in which the employee accrued them, he /she will not earn ladditional floating _ _ _ _ _ _ _ _ Deleted: 3
holidays in the next fiscal year. Instead, the employee will only earn that number of
floating holidays, on July 1st of each year that will bring the employee's balance of
floating holidays to 2, Thus, if an employee uses, or cashes ouconly one floating - - -{ Deleted: 3 3
holiday during a fiscal year, that employee will only accrue 1 additional floating holiday
on July 1st of the following fiscal year, bringing the employee's floating holiday balance
up to floatingholidays. Theparties encourage employees in the unit to use their - - - { Deleted: 3
floating holidays. Since floating holidays cannot be removed from an employee once
earned, and the parties do not want employees to have more floating holidays on the
books than would be received within the current fiscal year, a floating holiday(s) carried
over at the end of the fiscal year results in the employee being unable to eam that
holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually selected by the
employee subject to the approval of the Chief of Police. Approval will not normally be
granted if it would require the Department to backfill the employee's position at time -
and- one -half to maintain necessary staffing/deployment levels. A floating holiday cannot
be used on any of the designated holidays recognized by the City or on another floating
holiday. To request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave /overtime and special pay report".
The past practice of the City in permitting the stacking of floating holidays is specifically
eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a
holiday falls on a day that the employee performs no work (whether the day is the
• employee's scheduled work day or not), the employee shall be paid 12.33 hours of
holiday pay for the holiday, at the employee's regular hourly rate of pay.
B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday
falls on a day that the employee performs work (whether the day is the employee's
scheduled work day or not), the employee shall be paid as follows:
I. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid "hardship" pay as follows:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on
17
the holiday, at the rate of pay otherwise specified in this MOU for such work Deleted: regular
hours, and
Deleted: base
c. Pay for the number of hours of work the employee actually performed on Deleted:
the holiday, at the employee's base hourlv,rate ofpay. %, Deleted: base
I Deleted:,
Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn ' ir Deleted: s
pay computed as follows: / ; s Deleted: Settion 1 Recognized
4 , Holidays,
, For pay purposes, the following holidays
Hours Pay Rate 1
1 h S are recognized and are included in
12.33 hours holiday pay I eg hourly rate ,s :y holiday compensation of 148 hours which
6 hours work pay regular hourly rate or overtime hourly rate, as applicable , ,h are paid to, embers over 26 payroll
pe each calendar year:,
under MOU ' ,y
it
6 hours hardship pay base hourly rate j ,,y . New Yea,'s Day . (January I),
,y . Martin Luther King Day (3'
,'y Monday in January),
2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or :,,s Presidents' Day .. (3' Monday in
New Year's Day the employee shall be paid: ; ,�s February 9
' , iy Manorial Day . (Last Monday in
I,y May)I
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the I ',h . Labor Day...(In Monday n
n
i
I , y . Independence Day . (July 4)1
employee's regular hourly rate of pay as per Section 3A, and , , y sepmmbe H
iy . Veterans' Day. (November 11)1
J. Pay for the number of hours of work the employee actually performed on the s ,'s:' Thanksgiving Day . (4 Thu day in
Noven be r),
holiday, at the rate of pay otherwise specified in this MOU for such work ,' y . Chr Eve... (December 24),
hours. , Christmas Day (December 25)1
' 9 i;1: . 2 Floating Holidays,
Example 2: Officer B works 8 hours on Veterans' Day or a Floating Holiday. :,ti 9
n ■ A. Employees covered this Mou
Officer B would eam pay computed as follows: , y . shall be entitled to one hundred forty-
/ ,4 eight,
Hours Pay Rate , 1 1 (148) compensated holiday hours
1,a per calendar year.,
12.33 hours holiday pay regulathourly rate J pti . y
8 hours work pay regular hourly rate or overtime hourly rate, as applicable 15 W >Comp nsazion for holidays will be
Under MOU paid in compensation of 148 hours which
are,
y paid to members over 26 payroll periods
, per calendar year. Reporting of the
C. The past practice of the City paying hardship holiday pay to an employee on a ti compensation to PERS will be done in
designated hardship holiday when in fact said employee did not work on the designated ,y accordance with PERS guidelines.
hardship holiday is specifically eliminated by the above language. ,, 9
Section 2 Hardshin Comornsatiep,
Section 4. Conversion of Hardship Pay to Time Off , addition, employees who have the
, ' hardship of working on one of the below
y designated holidays shall earn, al the base
An employee may choose to convert any hardship pay to time off or non -FLSA ,I ate mr pay, . corresponding number of
compensatory time at the rate of one hour of hardship pay convertino to one hour of time , hours to the hours worked on said
holiday. The employee may choose to be
off or to one hour of non -FLSA compensatory time. , compensated as time off or pay.,
1
ARTICLE XIII - VACATION .. New Year's Day _ (January 1)1
.. Independence Day .. (July an
. Thanksgiving Day (4 Thursday in
Section 1. Eligibility November),
Christmas Day (December( ... 141
18
•
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 hen_ -- -{ Deleted: current J
existing rate of pay.
Section 2. Accrual
A. Vacation leave is accumulated yearly and is computed on the basis of the
employee's hire date as a regular full -time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the date of initial
employment as a full -time probationary or 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 /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 . - { Deleted: za 1
N+ 200 7.6923 200 hours - l ? Deleted: 25 j l
D. An eligible employee hired pn or before February 1 1998 shall accrue vacation - - - { Deleted: prior to
leave by the following schedule:
YEARS HOURLY ACCRUAL RATE ANNUAL
SERVICE PER PAY PERIOD ACCRUAL RATE
0 -5 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10 -19 6.154 160 hours -- - {Deleted: 24
7.6923 200 hours - Deleted: 25 ( J
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 swom 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.
19
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 accumulated vacation on an _ - { Deleted: rued
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. • - :. - . :: -° - • • - . - -- .: - : ' •
Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for all
accumulatectvacation,no later than the next regular payday followingtermination. - - Deietea: acwed
Deleted: leave
B. When termination is caused by death of the employee, the employee's beneficiary
shall receive the employee's pay for unused vacation. In the event an employee has not
designated a beneficiary, the payment shall be made to the estate of the employee.
Section 6. Vacation Accrual During Leave of Absence
No vacation.shall be earned during any leave of absence withoutpay for each fourteen (14) _ _ - { Deleted: leave
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 Pay
A. Upon the Police Chiefs recommendation and approval of the City Manager, an
employee may be granted a leave of absence without pay in cases of an emergency or where
such absence would not be contrary to the best interest of the City, for a period not to exceed
ninety (90) working days.
20
B. Upon written request of the employee, the City Council may grant a leave of
absence, with or without pay, for a period not to exceed one (1) year. •
C. At the expiration of the approved leave of absence, after notice to return to duty,
the employee shall be reinstated to the position held at the time the leave of absence was
granted. Failure on the part of the employee to report promptly at such leave of absence's
expiration and receipt of notice to retum to duty shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be Deleted: s
eligible to accumulate or receive fringe benefits except as specifically provided for in this f ; Deleted: s
J
MOU, except that the City shall contribute to an employee's healthcare and dental plan, if Deleted: Preenann Disability l Pave of
1 disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the li chum si
leave of absence. P A. An employee who is disabled due to
ff i pregnancy shall be granted a pregnancy
II 1 disability leave for a minimum period of
Section 2. Bereavement Leave 5 f three (3) months provided that a lesser
A. Employees may be granted up to forty (40) hours of bereavement leave of ! period may be granted upon egneat of'
the employee.9
absence, by the reason of a death in their family which shall be restricted and limited to $ , v
immediate family by reason of biology, marriage, or adoption. Family lineage covered i � B. Disabilities arising out of pregnancy
1 1 shall be treated the same as other
by this provision: : temporary disabilities in terms of
■ 1 eligibility for, or entitlement to, sick leave
with or without pay, extended sick leave,
Spouse or Registered Domestic Partner i 1 or accumulated sick 'envoi
Father and Mother (Including Step parent and adoptiveparenQ J I 1 I
Father and Mother In -Law 1 C. Employees are encouraged to report
i l the existence of pregnancy. Where the
Grandparent i nature of the duties performed is
Brother and Sister (Including step sibling or sibling due to legal adoption) 1 , hazardous or burdensome, the employee
Child (Including step child, child due to marriage or legal adoption) , may evid as to o fitness iea ess for the su o r the dices
, fi performance
Grandchild (Including step grandchild, due to marriage or legal adoption) 1 of duties of the position.9
and all degree of relatives not listed but living within the household of the employee ,' 1
D. Employees shall be placed on
: medical leave when the employee's
Section 3. Military Leave of Absence 1 physician states that medical disability
would interfere with the performance of
A. Military leave shall be granted in accordance with the provisions of State law. 1, the duties of the position or continuing
All employees entitled to military leave shall give the Chief of Police an opportunity within , work would be hazardous. Should
the limits of military regulations to determine when such leave shall be taken. Whenever ; Poldsarandentarisebytwee and the employee or as of to
possible, the employee involved shall notify the Chief of Police of such leave request ten the hazardous nature of the job ob or the
(10) working days in advance of the beginning of the leave. ; ability of the employee to perform the
job, a physician representing the City, to
1 the extent protected by law, will resolve
B. In addition to provision of State law, the City shall continue to provide eligible : the conflict,
employees on military leave the current health benefits (healthcare, dental, disability and life ' Q E. Following childbimh and upon
insurance and retirement (if applicable) for the first three (3) months of military leave. : release from medical treatment for the
During said period, the employee shall be required to pay to the City the same co-payments , disability resulting from the pregnancy,
the employee must submit a medical
as required of other employees. After the first three (3) months of military leave, the ,' statement of fitness to perform the duties
employee may continue said benefits at his cost. of the position to the Personnel
Department. At that time, a
1 determination will be made for a return to
S ection 4. This section was intentionally left blank and has been reserved for future use. work date with reinstatement to be
accomplished as expeditiously as is
c
reasonably practicable.
21
Section 5. Unauthorized bsence - Deleted: q
Unauthorized�bsence is days,_or portions of days an employee is absent from work `D eleted: Lea "e nr
without City approval. Unless subsequently approved, such absence will result in a D eleted: leave of
deduction from the employee's pay of an amount equivalent to the time absent. Employees
1 taking unauthorized ibsence may be subject to disciplinary action, up to and including -- Deleted: leave of
termination of employment.
Section 6. Catastrophic Leave
A. Establishment — f,, Catastrophic Leave Program for the Association was Deleted: In a side letter agreement
established which allows donation of paid time for employees zepresented by ;he `, betweentheciry end he Asso ierion
Association. signed on Ang 9g. xoos,
Deleted: a
B. Purpose — The purpose of the Catastrophic Leave Pool is to enable full -time Deleted: members
employees to receive and donate vacation, administrative leave, and compensatory time Deleted: employees of
off (CTO) leave credits on an hour for hour basis to assist employees who have no
1 remaining leave bank balances and who will suffer a financial hardship due to prolonged
illness or injury to themselves, or a member of their immediate family. Sick Leave is
excluded from this program. The conditions of this program are as follows:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
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.
22
10. Catastrophic Leave due to illness or injury of an immediate family
member may require, medical justification as evidenced by a Physician's Statement that _ - - -{ Deleted: d
the presence of the employee is necessary.
11. Catastrophic Leave due to illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
I employee'snability toperform normal duties. - --[ Deleted: condition
ARTICLE XV - JURY DUTY
Section 1. Compensation for Jury Duty
A. Employees required to report for jury duty shall be granted leave of absence for
such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall
receive full payment for the time served on jury duty, provided the employee remits any fees
received for such jury service, excluding payment for mileage, to the City's Finance
Department. Compensation for mileage, subsistence or similar auxiliary allowance shall not
be considered as a fee and shall be returned to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work day;
the employee shall contact his supervisor as to the feasibility of returning to work that day.
ARTICLE XVI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or disability,
medical or dental treatment, and family leave or as authorized by the City Manager under
special circumstances. The employee requesting sick leave shall notify his immediate
supervisor or Chief of Police prior to the time set for reporting to work. Sick leave with pay
shall not be allowed unless the employee has met and complied with the provisions of this
MOU.
B. Sick leave shall not be granted for disability arising from any sickness or injury
purposely self-inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of physical
fitness for duty for sick leaves in excess of 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. Eligibility
All employees covered by this MOU shall be eligible to accrue sick leave.
Section 3. Accrual
23
A. Sick leave shall be accrued at the rate of twelve and one -third (12 -1/3) hours per
calendar month for each calendar month that the employee has worked regularly scheduled
hours and/or has been on authorized leave which provides for full pay, for at least fifteen
(15) working days in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired prior to July 1,
1985, will be placed into a newly established sick leave bank at the rate of twelve and one-
third (12 -1/3) hours per calendar month for 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 fmal base hourly rate of pay or (ii) two
thousand five hundred dollars ($2,500). Remaining sick leave hours are converted to 8 hour
days and reported to Ca1PERS 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 base
hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date
of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will
be placed in the sick leave bank set forth in Section 3.B above, and is not eligible for this
payout provision.
Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of illness charged to
his accumulated sick leave provided that:
A. Immediately upon return to duty, the employee submits to his supervisor a
written request for sick leave and a written statement signed by his physician describing the
nature and dates of illness.
B. The Chief of Police recommends and the City Manager approve, the granting of_ , _ - { Deleted: s J
such sick leave.
24
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
1 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 retum 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
1 employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar days. If the
employee desires an extension, he shall follow, prior to the termination of the initial leave,
the procedure described in Section 6.B above.
Section 7. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may
take sick leave and/or unpaid leave to care for his newborn infant, whether through •
parentage or adoption, or a seriously ill or injured member of the employees "immediate
family" as defined in Article XIV Section 2. Bereavement Leave.
A. Proof of the birth or adoption of a newbom 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
1 supervisor at the earliest possible date preceding,the time when the leave is to begin. _ - - Deleted: proceeding
C. Operational needs of the City shall be relevant in determinations regarding the
granting of family leave in accordance with the provisions of State and Federal Family
Leave laws.
D. In the event of an extended family leave, the employee may be required to
periodically report on the status of the situation giving rise to the leave.
E. Family leave may be granted only upon the recommendation of the Chief of
Police and approval of the City Manager consistent with the provisions of State and Federal
Family Leave laws.
F. A maximum of four hundred (400) working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any two (2) year period
25
unless a greater amount is prescribed by state or federal law.
Section 8. On The Job Injurer
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 Injury
An employee injured outside of his service with the City shall be compensated through the
disability insurance plan provided by the City.
ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees shall be
tentative and subject to a probationary period of twelve (12) months of service.
B. When unusual circumstances merit the extension of the probationary period, the
Chief of Police shall request, in writing, approval of the City Manager. Said extension shall
not exceed one hundred ,eighty (180) calendar days. The Personnel Office shall notify the _ _ - { Deleted: and
Chief of Police and the probationer concemed 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. Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and shall be
utilized for closely observing the employee's work, for securing the most effective
adjustment of a new employee to his position, and for rejecting any probationary employee
whose performance does not meet the required standards of work.
Section 3. Employee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at the end of
each three (3) months of service or at ,more frequent intervals when deemed necessary by the _ _ - -{ Deleted: a
Chief of Police. Permanent employees shall have their performance evaluated annually or at
more frequent intervals when deemed necessary by the Chief of Police. Such evaluation
shall be reported in writing and in the form approved by the Personnel Office.
B. The written appraisal report of an employee's performance evaluation shall be
26
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 Probationary Employee
A. During the probationary period an employee may be suspended, demoted, or
rejected anytime by the Chief of Police, with approval of the City Manager, without cause
and without right of appeal, except the right of appeal of punitive action as may be provided
by law. Notification of rejection, in writing, shall be served on the probationary employee
and a copy filed with 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 eam 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. Policy
The policy for layoff procedures shall be as adopted in City's Personnel Rules and
Regulations.
ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs
Unit members attending accredited community colleges, universities, and trade schools
for the purpose of obtaining a higher education degree may apply for reimbursement of
tuition, books, student fees and parking. Reimbursement is capped each calendar year at
the tuition rate of the Cal State University system for up to 2 semesters of full -time,
undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the course. For any
course that could be taken for a letter grade, it must be taken for a letter grade and
Successful completion means a grade of "C" or better for undergraduate courses and a -I Deleted: s
grade of "B" or better for graduate courses. For any course that can only be taken for a
grade of "credit" or "no credit ", successful completion means a grade of "credit ". All
claims for tuition reimbursement require prior approval and are subject to verification
27
and approval by the City Manager. This tuition reimbursement does not pertain to
P.O.S.T. courses attended on duty.
Example l: Officer A attends California State University, Long Beach, for the
Spring 201c semester and completes two 3 -unit undergraduate courses with a grade of _ _ - Deleted: 09
"C" or better. The tuition reimbursement would be calculated as follows:
2012-2011 State University Tuition $ 1 22700 (0 -6 units) -- Deleted: 08
Required University Fees 29100 (approx.) 0., Deleted: 09
Parking _123.00 Deleted:
Books 300.00 (approx.) Deleted: 885
TOTAL ,$_1, 940,00
Deleted: 172
Example 2: Officer B attends California State University, Long Beach, for the Deleted:
Spring 201c semester and completes three 3 -unit undergraduate courses with a grade of Deleted: 480
"C" or better. The tuition reimbursement would be calculated as follows: Deleted: 09
20 2011 State University Tuition $ 2 11500 (7 or more units) _ _ - -( Deleted: 08
Required University Fees 290,00 (approx) • Deleted: 09
Parking 123.00 Deleted: 1s24
Books 600.00 ( approx.) Deleted: 172
TOTAL ,$3,12$.00
- Deleted:
Deleted:
B. Professional Conventions and Conferences Deleted:
Unit members who attend job related conventions and conferences that are not sponsored Deleted: 2, 419
by the Department may submit for reimbursement under the tuition reimbursement Deleted: $action 1. Tuition
program for the cost of enrollment. Attendance of conventions and conferences must be Reimbursemen s
job related and pre- approved by the Chief of Police. The cost of travel, sustenance, and a„.11ighaiducaficanteroirogramft
lodging is not reimbursable under tuition reimbursement per IRS Publication 970. Unit members attending accredited
community colleges, universities, and
trade schools for the purpose of obtaining
Travel, sustenance, and lodging may be reimbursable via the Department's Meetings and a higher education degree may apply for
Conference budget. Employee is to submit a request to the Chief of Police prior to travel for reimbu ement fees and parking. g Rei mbb uiti books, student
parking. ursement is
approval in order to receive reimbursement for travel, sustenance, and lodging after the capped at the tuition rate of the Cal State
conference. All receipts for expenses must be attached to the reimbursement request and University system for fua -time,
submitted to the Chief of Police for approval, and forwarded to the City Manager for final undergraduate cmolMent9
review and approval. Reimbursement is contingent upon the
successful completion of the course.
Surrtssful completion means a grade of
Section 2. Physical Fitness Program "C° or better for undergraduate courses
The physical fitness program is a voluntary program for all swom officers utilizing vacation and a grade of or better for graduate
courses. All claims for tuition
hours as compensation for achieving goals within this program. The details of this program reimbursement require prior approval and
are attached as Exhibit A to this MOU. are subject to verification and approval by
the City Manager. This tuition
reimbursement does not pertain to
P.O.S.T. courses amended on duty.9
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this MOU shall
28
incorporate all prior agreements and memoranda of agreement, or memoranda of
understanding, or contrary salary and/or personnel resolutions or administrative codes,
provisions of the City, oral or written, expressed or implied, between the parties, and shall
govern the entire relationship, and shall be the sole source of any and all rights which may be
asserted hereunder. This MOU is not intended to conflict with federal or state law.
Section 2. Notwithstanding the provision of Section 1., there exists within the City certain
personnel rules and regulations and police department rules and regulations. To the extent
that this MOU does not specifically contradict these personnel rules and regulations or police
department rules and regulations or City ordinances, they shall continue subject to being
changed by the City in accordance with the exercise of City rights under this MOU and
applicable state law.
Section 3. Except as provided herein, other terms and conditions of employment, oral or
written, express or implied that are presently enjoyed by employees represented by the
Association shall remain in full force and effect during the entire term of this MOU unless
mutually agreed to the contrary by both parties hereto.
ARTICLE XXI - CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
A. The Association, its officers, agents, representatives, and/or members agree that
they will respect relevant law and judicial decisions regarding the withholding or
diminishment of services to influence negotiations conducted under Section 3500 et.seq of
the California Government Code.
B. The City agrees that it shall not lock out its employees during the term of this
MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall, or failure to return to work employees of the City in the
exercise of rights as set forth in any of the provisions of this MOU or applicable ordinance or
law.
C. Any employee who participates in any conduct prohibited in subparagraph A.
above may be subject to termination.
D. In addition to any other lawful remedies or disciplinary actions available to the
City, if the Association fails, in good faith, to perform all responsibilities listed in Section 2.,
Association Responsibility, below, the City may suspend certain rights and privileges
accorded to the Association under the Employer- Employee Relations Resolution or by this
MOU including, but not limited to, access to the grievance procedure and use of the City's
bulletin boards and facilities.
Section 2. Association Responsibility
In the event that the Association, its officers, agents, representatives or members engage in
any of the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its
29
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 c 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 { Deleted: _
court of competent jurisdiction, all other provisions of this MOU shall remain in full force 1 celetee:
and effect for the duration of this MOU. Deleted: The Association and the City
have met and conferred regarding
4 presentation a for
City approval of the
ARTICLE XXIV - ,PERSONNEL RULES AND REGULATIONS t
o
t r citizens of the City of Beach t
t ' abolish the Civil Service Commission
from the City's Charter in the March
I Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and % 2006 election.
shall govern. i Deleted: , t
Deleted:
Deleted:
ARTICLE XXV -..MOU REOPENERS 7 Deleted: q
/ Section 2. Upon the request of either the
Section 1. The Association and the City shall reopen any provision of this MOU for the ' Cit or the Association, this MOU shall
be reopened to discuss retbee medical
purpose of complying with any final order of a Federal or State Agency or Court of ( insurance. Issues to be discussed include
competent jurisdiction requiring a modification or change in any provision or provisions the possibleimplemenmtionofretirce
' health savings accounts, compliance with
of this MOU, in order to comply with State or Federal laws. GASB 45 or PERS regulations, voluntary
employee benefit accounts etc?
9
Section 1. At the request of the
• Association, the City agrees to meet with
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING the Board members of the Association on
or after July 1, 2008 and July 1, 2009 to
discuss the Bcx dollar allowance of the
Section 1. The terms of this Memorandum of Understanding shall commence on July 1, City's full flex cafeteria plan.
201 Q and continue in full force and effect through June 30„ - a three-year contract. Deleted: q
Deleted: 2007
Section 2. The City of Seal Beach and the Police Officers' Association agree to commence ' Deleted: 2010
1 negotiations for the next contract year by April 1, 2013, Deleted: 2010
30
ARTICLE XXVII - RATIFICATION
Section I. This Memorandum of Understanding is subject to approval and adoption by the
I City Council and ratification ,Lthe required number of the duly authorized representatives _ - { Deleted: of
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.
Date:
President, Seal Beach Police Officers' Association
I Officer Eric Tittle - _ - { Deleted: Corporal Steve Chauncey i
Date:
Corporal John Scott
Date:
Officer Mike Ezroj, , _ - { Deleted: Lindasu McDonald ,
Date:
I Officer Craig Jone% • , _ - - Deleted:. i
Date:
Corpora! Phil Gonshal, _ _ - { Deleted: Officer Eric Tittle
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
Date:
David Carmany, City Manager
Date:
Robbeyn Bird, Director of Administrative Services
31
Date:
Jill R. Ingram, Assistant to the City Manager
Date:
Jeff Kirkpatrick, Chief of Police
•
32
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers. Officers work
out on their off duty time and may, depending upon availability of funds and staffing
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each six (6) month period. Officers may receive up
to twenty (20) hours of vacation time by meeting the requirements of the test at the end of
each six (6) month period. The maximum time each officer will be able to achieve is up
to forty (40) vacation hours earned annually for as long as the officer continues
successfully in the program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and
advise them of your intent. You will need to have a doctor's release to allow you to
participate in the program. A copy of the physical requirements of the physical fitness
program should be reviewed by your doctor when obtaining your release. For details of
the annual physical exam refer to Article XIII section 6 of the SBPOA MOU.
TESTING
Each officer participating will be tested every six (6) months, specifically in the months
of January and July. A minimum level has been established for each test. Participants will
have to move up a category or reach maintenance level indicated on each test by age
group. At one (1) year and six (6) months, participants will be required to be at the
maintenance level. Once the maintenance level has been attained, participants will have
to maintain that level on subsequent tests. Testing each six (6) month period will validate
the awarding of vacation time. Testing may be conducted during on -duty hours at the
Watch Commanders discretion. The Physical Fitness Committee will perform the testing.
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.
1
For the December 1998 testing only, employees shall receive eight (8) hours per
successfully completed test.
PHYSICAL FITNESS COMMITTEE
33
The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be
appointed by the SBPOA Board of D and two (2) to be appointed by the Chief of
Police. The Physical Fitness Committee is established to retain administrative control
over the program. All committee members shall be active participants in the program.
The committee will be responsible for examining problems and disputes that arise from
the administration of the program. The committee will be the formal arbitrators on these
matters.
VALIDATED HEALTHCARE PROBLEM CLAUSE
Those officers who for validated Healthcare reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated Healthcare problems are those diagnosed by a physician as
limiting participation in a certain activity.
REQUIRED TEST
The physical fitness needs of Police Officers fall into three (3) areas:
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
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.
Under 30 30 -34 35 -39 40-44
Below Below Below Below
Excellent 10:15 11:00 11:30 12:00
34
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 16:31 -Above 17:01 -Above 17:31 -Above 18:01 -Above
Maint. Level 11:00 12:00 12:30 13:00
Minim. Level 14:30 15:15 15:30 15:45
40 -49 50+
B elow Below
Excellent 12:15 12:30
Good 12:16 -13:45 12:31 -14:30
Fair 13:46 -16:15 14:31 -17:00
Poor 16:16 -18:15 17:01 -19:00
Very Poor 18:16 -Above 19:01 -Above
Maint. Level 13:30 14:00
Minim. Level 16:00 16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and
toes. A partner places his fist on the ground below the officer's chest. The officer must
keep his back straight at all times and from the up position, lower him/herself to the floor
until his chest touches his partner's hand and then push to the up position again. 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.
tinder 30 30 -39 40-49 50+
Excellent 43 - 37 - 30 - 25+
Good 28 -42 23 -36 20 -29 17 -24
Fair 20 -27 17 -22 15 -19 12 -16
Poor 5 -19 3 -16 2 -14 2 -11
Very Poor 4 -Below 2 -Below 2 -Below 1 -Below
•
Maint. Level 40 35 25 18
Minim. Level 18 15 13 11
PULL -UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight
in the beginning position with the feet off the ground. Officer must pull his body up to a
1 position where his chin is above the bar for one repetition, The total number of correct - - - Deleted:,
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.
35
Under 30 30 -39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6 -7 4 -5 3 -4 2 -3
Poor 5 3 2 1
Very Poor 4 & above 2 & under 1 & under 0
Maint. Level 8 6 5 4
Minim. Level 5 3 2 1
SIT -UPS
Officer starts by lying on his /her back, knees bent, heels flat on the floor and arms folded
across the chest. A partner holds the feet down. In the up position, the officer will touch
his elbows to his knees and then return to the starting position, not placing their shoulder
blades on the ground before starting the next sit -up. This is a continuous exercise, no
resting. The total number of correct sit -ups are recorded and compared to the standards
on the chart.
This test measures muscular endurance in the abdominal muscle group, an area of great
concern to the sedentary individual. Much evidence exists of the correlation between
poor abdominal muscle development, excessive fat tissue and lower back problems.
*1 CONTINUOUS MINUTE *
Under 30 30 -39 40 -49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40 -50 34-44 27 -39 23 -39
Fair 35 -39 29 -33 20 -26 16 -22
Poor 24 -34 18 -28 7 -19 6-15
Very Poor 23- 17- 6- 5-
Maint. Level 45 40 35 30
Minim. Level 30 25 20 15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are
placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his
toes with his fmgertips as far as he can. The distance above or below his heels is
measured. The distance is recorded as plus or minus inches. Plus inches is below the
heels and negative is above the heels. Compare the results against the standards on the
chart.
Under 30 30 -39 40 -49 50+
Excellent +10" & below +9" & below +8" & below +7" & below
Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" 0 to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +1" -6.5" to +,5" -9" & above -10" to 3.5"
Very Poor -5" & above -7" & above -9.5 & above - 10.5 "& above
Maint. Level +5" +4" +1" 0"
Minim. Level 0" -2" 4" 5^
36
•
Page 12: [1] Deleted Administrator 5/1/2010 3:15:00 PM
(This Section shall not be effective after December 31, 2007.)
Al . 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
CaIPERS and published in the PERS PEMI -ICA 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
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 altemative plan.) Election forms are available in the Personnel
Office.
Section 2.
Page 12: [2] Deleted Administrator 5/1/2010 3:16:00 PM
(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 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
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
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 I, 2008.)
Page 12: [3] Deleted Administrator 7/27/2010 2:50:00 PM
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:
I. 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
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
healthcare coverage for dependents at his or her own expense.
5. Within thirty (30) calendar 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)
calendar 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 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.
Page 18: [4] Deleted pdmin. 5/3/2010 PM
Section 1. Recognized Holidays
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 (January 1)
Martin Luther King Day (3` Monday in January)
Presidents' Day (3` Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (1 Monday in September)
Veterans' Day (November 11)
Thanksgiving Day (4 Thursday in November)
Christmas Eve (December 24)
Christmas Day (December 25)
• 2 Floating Holidays
A. Employees covered by this MOU shall be entitled to one hundred forty -eight
(148) compensated holiday hours per calendar year.
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 Hardship Compensation
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)
Independence Day (July 4)
Thanksgiving Day (4 Thursday in November)
Christmas Day (December 25)
Floating Holiday
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, excluding Memorial Day or
Labor Day
Administrative /Investigations - Any Federally recognized holiday, day after
Thanksgiving, day after Christmas, or the employee's birthday.
Attachment "C"
Seal Beach PMA - MOU
Redline /Strikeout Version
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE 1. TERM OF AGREEMENT 1
Section I. 1
Section 2. 1
ARTICLE 2. RECOGNITION AND MEMBERSHIP 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 3
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES 3
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. 5
Section 4. 5
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 6
ARTICLE 11. ADJUSTMENT OF SALARY RANGES 6
ARTICLE 12. SALARY AND BENEFITS SUSPENSION 6
ARTICLE 13. SPECIAL PAY PROVISIONS 6
Section 1. Uniform Allowance 6
Section 2. Safety Equipment 6
Section 3. Deferred Compensation 6
ARTICLE 14. COURT TIME 7
Section 1. 7
I
Section 2. 7
Section 3. 7
ARTICLE 15. CALL -BACK 7
Section 1. 7
Section 2. 7
ARTICLE 16. STAND -BY PAY 8
Section 1. 8
Section 2. 8
Section 3. 8
ARTICLE 17. MOVIE DETAIL 8
Section 1. 8
Section 2. Effective July I, 2009. 9
ARTICLE 18. EXPERIENCE PAY 9
Section 1. 9
Section 2. 9
Section 3. 9
Section 4. 9
ARTICLE 19. EDUCATION INCENTIVE PAY 10
Section 1. 10
Section 2. 10
Section 3. 10
Section 4. l 11
Section 5. 11
Section 6. 11
Section 7. 11
ARTICLE 20. TUITION REIMBURSEMENT 11
Section 1. Tuition Reimbursement 11
A. Higher Education Degree Programs 12
B. Professional Conventions and Conferences 12
ARTICLE 21. PHYSICAL FITNESS PROGRAM 12
ARTICLE 22. TRAINING PROGRAMS 12
Section 1. 12
Section 2. 12
Section 3. 12
ARTICLE 23. HOLIDAYS 12
Section 1. Recognized Holidays 12
Section 2 Hardship Compensation 15
Section 3. Holiday Compensation 15
Section 4. 15
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION 15
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING 15
ARTICLE 26. FRINGE BENEFIT LIMITS 15
Section 1. 15
Section 2. 15
ARTICLE 27. FRINGE BENEFIT CHANGES 15
ARTICLE 28. HEALTH CARE COVERAGE 16
Section 1. Health Care Coverage. (This Section shall not be effective after December 31,
2007.) 16
Section 2. Health Care Coverage (This Section shall become effective on January 1,
H
2008.) 16
Section 3. Health Insurance Plan for Retirees (This Section shall not be effective after
December 31, 2007.) • 16
Section 4. Health Insurance Plan for Retirees (This Section shall become effective on
January 1, 2008.) 16
Section 5. Health Insurance Plan for Retiree's - Non -Sworn 17
ARTICLE 29. LIFE INSURANCE 18
Section 1. 18
Section 2. 18
ARTICLE 30. DISABILITY INSURANCE PLAN 18
ARTICLE 31. SECTION 125 PLAN 19
ARTICLE 32. ANNUAL PHYSICAL 19
ARTICLE 33. RETIREMENT 19
Section 1. 19
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) 20
ARTICLE 35. OVERTIME COMPENSATION 20
Section 1. Overtime Defined 20
Section 2. Compensation for Overtime 21
Section 3. Compensatory Time 21
Section 4. Approval for Overtime 21
ARTICLE 36. VACATION 21
Section 1. Eligibility . 22
Section 2. Accrual - Vacation hours 22
Section 3. Maximum Accrual 22
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 24
Section 1. 24
Section 2. 24
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 25
ARTICLE 43. SICK LEAVE 25
III
Section 1. Accrual - Sworn Positions 25
Section 2. Sick Leave During Vacation 26
Section 3. Extended Sick Leave 26
Section 4. Sick Leave Accrual and Payment Police Records Supervisor Position 26
Section 5. General Sick Leave Provisions 27
Section 6. 27
Section 7. Fitness for Duty 27
ARTICLE 44. CATASTROPHIC LEAVE 27
Section 1. Establishment 27
Section 2. Purpose 27
ARTICLE 45. FAMILY LEAVE (FMLA/CFRA) 28
ARTICLE 46. ON- THE -JOB INJURY 28
ARTICLE 47. OFF - THE -JOB INJURY 29
ARTICLE 48. PERSONNEL RULES AND REGULATIONS 29
Section 1. 29
Section 2. 29
ARTICLE 49. PROBATIONARY PERIODS 29
Section 1. Appointment Following Probation Period 29
Section 2. Objective of Probationary Period 29
Section 3. Employee Performance Appraisal 29
Section 4. Rejection of Probationary Employee 30
ARTICLE 50. LAYOFF PROCEDURES 30
ARTICLE 51. MOU REOPENERS 30
Section 1. 30
Section 2. 30
Section 3. 30
ARTICLE 52. CELL PHONES 30
ARTICLE 53. NO STRIKE - NO LOCKOUT 30
Section 1. 30
Section 2. 31
Section 3. 31
Section 4. 31
ARTICLE 54. EMERGENCY WAIVER PROVISION 31
Section 1. 31
ARTICLE 55. SEPARABILITY PROVISION 31
ARTICLE 56. SAVINGS CLAUSE 31
Section 1. 31
ARTICLE 57. RATIFICATION 31
EXHIBIT A 33
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 conceming 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 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1, 2010, through_ - - --( Deleted: 2007
and including June 30,2_01/ - Deleted: 2010
Section 2. The Agreement may be extended beyond June 30, 2013 if both parties concur - - - { Deleted: mm i
in writing.
ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer - Employee Relations Ordinance
1 No. 769, as amended, the City has recognized, for the purposes of this Memorandum of - { Deleted: d 1
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 safety classifications and assignments of Police
Sergeant, Police Lieutenant, Police Captain, and the ,miscellaneous classification of { Deleted: civilian position
Police Records Supervisor.
Section 2. The City recognizes the Association as the representative of the employees in
1 the classifications and assignments set forth in Section One above for the purpose of
meeting its obligations under this Memorandum of Understanding, the Meyer- Milias-
Brown Act, Govemment 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 _repr by - -- -( Deleted: members of
the Association and/or other officers of the Association.
ARTICLE 3. SALARIES
Section 1. The following monthly base salary grade increases shall be provided to
employees occupying all classifications represented by the Association. The monthly
base salary increases shall be effective during the first payroll period commencing during
the indicated month of the following indicated years. The actual percentage salary grade
increase shall be determined by reference to the change in the Los Angeles- Riverside-
Orange County, California Consumer Price Index [All Items, All Urban Consumers
published by the U.S. Department of Labor, index base period (1982 -84 =100) and not
seasonally adlustedl (CPI -U). The one -year time period for assessing a percentage
change in the CPI -U shall be from the month of April of the'prior year to the month of
April of the year in which a salary grade increase is effective. For example, the salary
grade increase that will be effective in July 2011 will be calculated with reference to the
change in the CPI -U between April 2010 and April 2011. If the percentage increase in
the CPI -U is equal to or less than two percent (2 %), the associated increase in the salary
grade shall be two percent (2 %). If the percentage increase in the CPI -U is equal to or
greater than five percent (5 %), the associated increase in the salary grade shall be five
percent (5 %). If the percentage increase in the CPI -U is between two percent (2 %) and Deleted: Retroactivity shall be applied
five percent (5 %), the associate increase in the salary grade shall be equal to the to all members who a cv
actively
percentage increase in the CPI -U, 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 2011 _ - - Deleted: 2007
, Deleted: Ran
Position Grad; Increases Deletes: es to6-0I
Police Records Supervisor 2_ Two to Five percent (2 %- 5 %], J Deleted: Four percent (4 %)
Police Sergeant 37 Two to Five percent (2 %- 5° /u), J - Deleted: Ps 400 -01
Police Lieutenant A Two to Five percent (2% - 5%) - - - Deleted: Four percent (4 %)
Police Captain 50 Two to Five percent (2 %- 5% Deleted: Ps 500-01
Deleted: Twelve percent (12 %)
Deleted:
2) Effective the first payroll period in July 2012, _ _ - Deleted: 2008
, Deleted: Ranee
Position Grade, Increases Deleted: es 100-01
Police Records Supervisor A Two to Five percent (2 %- 5%1 Deleted: Four percent (a %)
Police Sergeant 37 Two to Fi percent (2 %- 5 %t --- Deleted: PS 400-01
- - Deleted: Four percent (4 %)
2
Police Lieutenant 4 Two to Five percent (2% - 5 %). - -( Deleted: Ps 500 -01
Police Captain 50 _Two to Five percent (2% - 5 %) _ `y Deleted: Four percent (4 %)
` l rDeleted:
- Deleted: ¶
€4> Effective the first payroll period in
July 20091i
9
■ Position.. atig ..Increase@¶
■ Police Records Supervisor 28 .
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES 4 %¶
Police Sergeant _ . 37.. 4 %11
, Police Lieutenant 44 4 %1l
Section 1. The City will provide voluntary payroll deductions for all ymplovees Police Captain ..50.. 4%
represented by the Association for regular and periodic dues and benefit program Deleted: 3) Effective the first payroll `
premiums as specified by agreement between the City and the Association and signed by Period in July 20091
the member. The Authorization Form content shall be mutual) agreed to by the 9
Y a g Y Pnvnna. tans .lucttessa9
Association and the City. 9
t Police Records Supervisor. P5100.
01.. Four percent (4 %)y
Section 2. The City shall remit such funds to the Association within twenty -one ( 2 1 ) PolicS e r g e a n t e f.. P5400.01. .Four
calendar lays following the deductions.
P (4 %)q
, Police Lieutenant .. PS 500 -
01 . . Four percent (4 %)9
y
Deleted: members of
ARTICLE 5. INDEMNIFICATION Deleted: fifteen (15)
The Ass 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) To determine the methods of financing; D
t) To determine the types of equipment uipment or technology to be used; _ _ - f eleted: M
Deleted: T
3
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;
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;
o) 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
1 rights shall impact on employees represented by ,the Association, the City agrees to meet _ - { Deleted: of
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 monthly base salary grade adopted by the City Council. The salary - Deeted: range
schedule shall consist of five (5) steps withi each grade. - De a
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
1 entering salary step within the assigned or ade upon the recommendation of the Chief of _ _ - { Deleted: use
4
Police and approval of the City Manager when it is decided that such action is in the best
interest of the City.
I Section 3. The second step in the monthly base salary rx ade is a merit adjustment which _ - - { Deleted: range )
may be given at the end of six (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
I one (I) year of service at the preceding step. Each adjustment may be made subject to _ - - { Delete: shall
the recommendation of the Chief of Police and approval of the City Manager.
1 ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES,_ _ -- { Deleted: 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 employees; immediate supervisor shall be -{ Deleted: s J
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
I Police anciapproval of the City Manager. -- { Deleted: with J
Section 4. An employee must be reviewed at least once every twelve (12) months from
the effective date of his/her 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/her from
recommending special performance advancement in monthly base salary at any time
when unusual or outstanding achievement has been demonstrated.
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
Section I. Promotional Appointment — When an employee is promoted to a position with
a higher monthly base salary grade the employee shall be compensated at a step of the _ = - {Deleted: sago
monthly base salary Qrade assigned to the new position that is closest toprovidinga five _ - { Delete: range
percent (5 %) salary increase over the monthly 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 a
higher -level classification. In such temporary assignments lasting thirty (30) consecutive
calendar days or more, the employee shall be compensated at a step of the monthly base
salary grade assigned to the newposition that is closest toprovidinga fivepercent (5 %) _ - - { Deleted: sage
salary increase over the monthly base salary received immediately prior to the temporary
5
appointment.
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee represented by the Association toa - - --( Deleted: in the depanment )
classification with a lower maximum salary, such employee shall be assigned to the
1 appropriate monthly base 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.
ARTICLE 11. ADJUSTMENT OF SALARY GRADES, - - -{ Deleted: RAN EA ,
When a salary &Ade for a given classification is revised upward or downward, the - - -{ Deleted: range )
incumbents of positions and classifications affected shall have their existing monthly
base salary adjusted to the same relative step in the new monthly base salary ,grade and_, -{ Deleted: range )
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 /she shall not forfeit his /her medical health plans
•
including dental, 1isability insurance, or life insurance. Should such suspension be later _ _ - { Deleted: retirement plan, )
modified or revoked, the employee shall be entitled to receive payment for loss of income
and benefits for any portion of the suspension that is disapproved -- Deleted: during the period of
suspension
ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance — Whether or not said sworn employee wears a traditional
1 uniform, each sworn employe; shall receive an annual uniform allowance of eight _ _ - -{ Deleted: member )
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
1 include two (2) pants and two (2) shirts and, for sworn employees 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
1 damaged within the course and scope of the employees' employment. Recurring __- { Deleted:' J
maintenance, repair, and/or replacement due to normal wear shall be responsibility of the
employee.
Section 3. Deferred Compensation - The City contributes twenty dollars ($20) per payroll
period into a deferred compensation program for the Police Records Supervisor position.
Section 4. Cash Payment
6
•
A cash payment of One Thousand Dollars ($1,000) per employee shall be provided to
employees represented by the Association who are employed on the effective date of this
MOU. The cash payment shall be made during the first payroll period that commences
after this Memorandum of Understanding has been ratified, approved, and adopted in
accordance with Article 57. The cash payment is made in lieu of a salary increase at the
beginning of this three -year MOU and thus shall not be used in calculating any
employee's regular rate of paL
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 /her work shift shall be
compensated for a minimum of two and two- thirds (2 -2/3) hours at the rate of one and
1 one -half (1 -1/2) times the employee's base, hourly rate of pay. Should the appearance _ -- -I Deleted: regular
exceed two and two- thirds (2 -2/3) hours, the employee shall receive pay for the actual
1 appearance time, excluding any court designated lunchperiod,_at the rate of one and one- _ -- {Deleted: ea
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) hours minimum. Any appearance that is contiguous with a
regular work shift is not subject to the one and one -half (1 -1/2) tune rate unless the court
appearance otherwise qualifies as overtime under this MOU.
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
base hourly rate of pay for any "on-call" time prior to 12:00 noon and two (2) hours for
all "on- call" time after,12:00 noon. _ { Deleted: the hour of i
ARTICLE 15. CALL -BACK
Section 1. Employees who are called back to duty after having completed a normal shift
or work day assignment and departefrom the work premises shall be paid one and one- - Deleted: in half (1 -1/2) times the employee's Srai_g_ht time base hourly rate of pay for each hour ___ -( Deleted: regular
worked on call -back. The number of hours calculated at one - and - one -half times shall not
be less than four hours. Should a call -back exceed four (4) hours, the employee shall
receive pay for the actual call -back time, at the rate of one and one -half (1 -1/2) thnes the
employee's regular hourly rate of pay. 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 training,
qualification or meetings shall be compensated a minimum of two and two - thirds (2 -2/3)
hours per incident. This time shall be calculated at one and one -half (I -1/2) times the
employee's base hourly rate of pay. Should the incident exceed two and two -thirds (2 -2/3)
hours, the employee shall receive pay for the actual incident time, at the rate of one and one -
7
1 half (1 -1/2) times the employee's regular hourly rate of pay, _ - - Deleted: 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 be elide to accrue up to a _ Deleted: Police Sergeants required to
maximum of eight (8) hours of stand -by leave per month, subject to the following be on stand -by shall receive eight (8)
hours of compensatory time off per
limitations. During any such month when an employee is required to be on stand -by for month. During any such month where
less than the entire month, the maximum number of stand -by leave hours accrued shall be the individual carries a pager or mobile
phone for less than the entire month, the
reduced in an amount reflecting the pro -rated monthly time during which said employee number of compensatory time off hours
is expected to be "on stand -by." Such stand -by leave hours shall be maintained in the hall be reduced in an amount re ec ng
the pro-rated monthly time during which
employees' Stand -by Leave banks. The parties encourage employees to use their st and - said employee is expected to be "on call."
by leave within two months after it is accrued. The employees may not have an Such compensatory time off hours shall
be maintained as "Personal Holiday" time
accumulated balance of more than twenty -four (24) hours of stand -by leave at any time. and be credited to the employee's
If an employee's stand -by leave balance reaches twenty -four (24) hours, his/her accrual Floating Holiday /Adminis a ere Leave
bank. Any compensatory time off
of stand -by leave shall cease. The employee's accrual of stand -by leave shall not begin (Personal Holiday) hours earned in
again until the employee's accumulated stand -by leave balance falls below twenty-four (24) accord in his Section, end not utilized by
June 30th of any fiscal year shall be
hours. forfeited and not converted to cash.
Section 3. Police Captains and Police Lieutenants shall be eligible to accrue up to a -- Deleted: Police Captains and Police
maximum of ninety-six (96) hours of administrative leave on July 1st of each year, Ltemenan hall re eivc eight (S) hours
of administrative leave per month. Such
subject to the following limitations. Such administrative leave hours shall be maintained administrative leave hours shall be
in the employees' Administrative Leave banks. The parties encourage employees to use maintained as "Personal Holiday" time
and be credited to the employee's
their administrative leave during the fiscal year (July 1st through June 30th) in which it is Floating Holiday /Administrative Leave
accrued. An employee may not have more than ninety-six (96) hours of administrative bank. Any compensatory time off
(Personal Holiday) hours earned in
leave on the books at any time. If an employee does not use all of his/her administrative accord in this Section, must be utilized by
leave within the fiscal year in which the employee accrued it, he /she will not accrue the a e 3o noravy fiscal year and annot be
carried over to the next year or converted
maximum number of administrative leave hours in the next fiscal year. Instead, the to cash.
employee will only earn that number of administrative leave hours, on July 1st of each
year that will bring the employee's balance of administrative leave hours up to the
maximum number. Because administrative leave cannot be removed from an employee
once earned, and the parties do not want employees to have more administrative leave on
the books than would be received within the current fiscal year, any hours of
administrative leave carried over at the end of the fiscal year results in the employee
being unable to accrue that same amount of administrative leave in the next fiscal year.
Thus, for example, if an employee uses only eighty (80) hours of administrative leave
during a fiscal year and carries over sixteen (16) hours of administrative leave to the next
fiscal year. that em w ill only accrue eighty (80) hours of administrative leave o
July 1st, bringing the employee's administrative leave balance. on July 1st, up to the
ninety-six (96) hours maximum.
ARTICLE 17. MOVIE DETAIL
Deleted: Aawiation members
Section 1. m Jlo ees shall be paid seventy, dollars ($) _per hour for outside movie Deleted` sixty
Deleted: 6
8
•
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.
e _ - - Deleted: Section 2. Effective My 1,
ARTICLE 18. EXPERIENCE PAY 2009, unit employees shall be paid
seventy dollars (S70) per hour for outside
movie details. 1
—For Employees Hired On or Before June 30, 2010: 9 ,
Section 1. Qualified employees represented by, the Association with a minimum of ten _ _ - -I Deleted: of
(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. , - - - Deleted: Qualified civilian employees
T represented by
Section 2. To qualify for experience pay, an employee must meet the minimum years of Deleted' of
service required and receive an overall satisfactory performance appraisal reviewed, ' Deleted: the Association witb a
approved, and signed by the Chief of Police, his/her designee, or an individual actin in minimum of ten (10)fconsecutive
g Seal Beach service shall all b bce eligible to
the capacity of the Chief of Police. The recommendation of Experience Pay is subject to receive experience pay.
verification and approval by the City Manager.
Section 3. Experience pay — Ten (10) Years of Service — After ten (10) years of
qualifying service, experience pay shall be paid at a rate of five percent (5%) of the
qualified employee's monthly base salary.
Section 4. Experience pay — Twenty (20) Years of Service — After twenty (20) years of
qualifying service, experience pay shall be paid at a rate of ten percent (10 %) of the
qualified employee's monthly base salary.
Section 5. Experience pay -- Twenty -five (25) Years of City of Seal Beach Service — After
twenty -five (25) years of City of Seal Beach Service (only service with the City of Seal
Beach shall apply). experience pay shall be paid at a rate of fifteen percent (15 %) of the
qualified employee's monthly base salary.
Section 6. Experience pay is not cumulative. Thus, an employee will only receive the
highest level of experience pay for which the employee is qualified. For example, an
employee reaching 20 years of service as a sworn peace officer with the City of Seal Beach,
stops receiving the 5% level of experience pay and begins receiving only the 10% level of
experience pay. Such an employee does not receive both the 5% level and the 10% level, at
the same time.
Section 7. Oualified non -sworn employees represented by the Association with ten (10)
years or more of consecutive Seal Beach service shall be eligible to receive experience
pay under only Section 3, above. Sections 4 and 5 do not apply to non -sworn employees
represented by the Association.
—For Employees Hired On or After July 1, 2010:
Section 8. Qualified employees represented by the Association with a minimum of ten (10)
years of full time service as a sworn peace officer with the City of Seal Beach shall be
9
eligible to receive experience pay.
Section 9. 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.
Section 10. Experience pay shall be as follows:
A. After ten (10) years of City of Seal Beach sworn peace officer service, experience
pay shall be paid at a rate of five percent (5 %) of the qualified employee's monthly base
salary.
B. After twenty (20) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of ten percent (10 %) of the qualified employee's
monthly base salary.
C. After twenty -five (25) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of fifteen percent (15 %) of the qualified
employee's monthly base salary.
•
Section 11. Experience pay is not cumulative. Thus, an employee will only receive the
highest level of experience pay for which the employee is qualified. For example, an
employee reaching 20 years of service as a sworn peace officer with the City of Seal Beach,
stops receiving the 5% level of experience pay and begins receiving only the 10% level of
experience pay. Such an employee does not receive both the 5% level and the 10% level, at
the same dine.
ARTICLE 19. EDUCATION INCENTIVE PAY
This Article is only applicable to sworn employees in the bargaining unit represented by
the Association. Non -sworn employees represented by the Association are not eligible
for Education Incentive Pay.
Section I. Forty-five (45) Semester Units of College Credits —,F covered by ;\` -f Deleted: Effective the first payroll
this section who have completed forty-five (45) semester units of credit from an pericdufjuly 2°°7,
accredited college or university with at least sixteen (16) units in the field of Police Deleted' e
Science shall receive three hundred dollars ($300) per month in addition to his/her
monthly base salary.
Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T.
Certification - Fflployees covered by this section who have completed sixty (60) _ _ - { Deleted: ffective July 2007, e
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 his/her
monthly base salary.
Section 3. Bachelor of Arts /Bachelor of Science (BA /BS) Degree or Advanced P.O.S.T.
Certification - Efnployees covered by this section who have completed BA/BS Degree -( Deleted: ffective July 2007,e J
10
•
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 his /her 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;
e.g„ employees with an Associate's an Bachelors degree will receive compensation for the - Deleted: i.e.
Bachelor's degree only. Deleted: or 14
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
1 lawfully changed during the term of the MOU, employees receiving,educational incentive , _ - { Deleted: an
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. Higher Education Degree Programs
Unit members attending accredited community colleges, universities, and trade schools
for the purpose of obtaining a higher education degree may apply for reimbursement of
tuition, books, student fees and parking. Reimbursement is capped each calendar year at
the tuition rate of the Cal State University system for up to 2 semesters of full -time,
undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the course. For any
course that could be taken for a letter grade, it must be taken for a letter grade and
successful completion means a grade of "C" or better for undergraduate courses and a , - Deleted: s
grade of "B" or better for graduate courses. For any course that can only be taken for a
grade of "credit" or "no- credit ", successful completion means a grade of "credit ". All
claims for tuition reimbursement require prior approval and are subject to verification and
approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T.
courses attended on duty.
Example: Officer A attends California State University, Long Beach, for
1 the Spring 2011 semester and completes two 3 -unit undergraduate courses _ _ - { Deleted: 09
with a grade of "C" or better. The tuition reimbursement would be
calculated as follows:
11
•
201A-2011 State University Tuition $ 1227 00 (9 -6 units) _ _ - { Deleted: 08 3
Required University Fees fk _ 22A.00 (approx) ''. Deleted: 09
Parking 123.00 l • j } Deleted; .
Books • $. 300.00 (approx.) Deleted: ass
TOTAL $_1,9400 Deleted:
` • Deleted: 172
B. Professional Conventions and Conferences
■ ■ `, D eleted:
`, • Deleted:
Unit members who attend job related conventions and conferences that are not sponsored Deleted: 480
by the Department may submit for reimbursement under the tuition reimbursement Deleted: Section I. Tuition
program for the cost of enrollment. Attendance of conventions and conferences must be Reimbursemrn 9
job related and pre- approved by the Chief of Police. The cost of travel, sustenance, and A Hipber Ed "i on D• r Pmn m
lodging is not reimbursable under tuition reimbursement per IRS Publication 970. U nit members attending accredited
community colleges, universities, and
trade schools for the purpose of obtaining
a higher education degree may apply for
ARTICLE 21. PHYSICAL FITNESS PROCRAM reimbursement of tuition, books, student
fees and parking. Reimbursement is
capped at the tuition rate of the Cal State
The physical fitness program is a voluntary program for all sworn officers utilizing University system for full -time,
vacation hours as compensation for achieving goals within this program. The details of undergraduate enrollment. 1
this program are attached as Exhibit A to this MOU. R eimbursement is contingent upon the
successful completion of the course.
Successful completion means a grade of
"C" or better for undergraduate courses
ARTICLE 22. TRAINING PROGRAMS and a grade of - 13" or better for graduate
courses. All claims for tuition
reimbursement require prior approval and
shall pay reasonable expenses incurred by employees attendin
are y the it to verification nsudaonrova
Section 1. The City P Y p Y attending by heCiryMveagu. This tuition
approved training programs. Expenses include registration fees and the costs of reimbursement does not pertain to
purchasing required course materials, travel to and from the training course, meals and P.O.S.T. courses attended on dury.q
lodging shall be reimbursed per the City's adopted Per Diem policy.
- - Deleted: q
ection When an employee is sent by the City to a training program which is not a Section 2 Employees a ending City
approved P.O.S.T. training programs
part of his/her regular work schedule, the employee shall receive eight (8) hours pay for + requiring an overnight stay(s) will receive
each full day of training and such eight (8) hours pay shall be credited towards the a per diem allowance or provided as
prescribed by P.O.S.T.
1 computation of overtime.
`, Deleted:I
`, I
Deleted: 1
ARTICLE 23. HOLIDAYS .
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day (I st Monday in September)
1 Veterans' Day (November 11)
Thanksgiving Day (4th Thursday in November)
12
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year's Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents' Day (3rd Monday in February)
Memorial Day (Last Monday in May)
Section 2. Floating Holidays
The City will also recognize two (2)„floatingholidays each fiscal year for sworn _ _ - -[ Deleted: 3
employees in the bargaining unit. The City will also recognize one (1) floating holiday
holiday
each fiscal year for non -sworn employees in the bargaining unit. Each unit swore
employee shall be eligible to accrue up to a maximum of two (2) floating holidays on _ _ - { Deleted: 3
July Ist of each year, subject to the following limitations. Each unit non -sworn emulovee
shall be eligible to accrue up to a maximum of one (I) floating holiday on July 1st of
each year, subject to the following limitations. The floating holidays shall be taken or
cashed out during the fiscal year (July Ist through June 30th) in which they are accrued.
A sworgemployee may not have more than two 2 floating_holidays on the books at any _ - Deleted: n
time. A non -sworn emulovee may not have more than one (1) floating holiday on the -{ Deleted: 3
books at any time. If an employee does not use, or cash out al j of his/her floating - Deleted: all 3
holidays within the fiscal year in which the employee accrued them, he /she will not earn
the maximum number ot: additional floating holidays in the next fiscal year. Instead, the _ _ -{ Deleted: 3
employee will only earn that number of floating holidays, on July 1st of each year that
will bring the employee's balance of floating holidays up to the maximum number, Thus,_ _ - - -( Deleted: 3
for example, if a sworn,emjployee uses, or cashes out, only one floatingholiday during a __- { Deleted: n
fiscal year, that sworn employee will only accrue one additional floating holiday on July
1st of the following fiscal year, bringing the sworn employee's floating holiday balance
up to two (2), floating holidays. The parties encourage employees in the unit to use their _ _ - { Deleted: 3
floating holidays. Since floating holidays cannot be removed from an employee once
eamed, and the parties do not want employees to have more floating holidays on the
books than would be received within the current fiscal year, a floating holiday(s) carried
over at the end of the fiscal year results in the employee being unable to earn that
holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually selected by the
employee subject to the approval of the Chief of Police. Approval will not normally be
granted if it would require the Department to backfill the employee's position at time -
and- one -half to maintain necessary staffing/deployment levels. A floating holiday cannot
be used on any of the designated holidays recognized by the City or on another floating
holiday. To request to use. or cash out, a floating holiday, an employee must submit a
completed "Request for leave /overtime and special pay report".
The oast practice' of the City in permitting the stackin of floatinng holidays is specifically _ _ _- { Deleted: or cashing out
eliminated by the above language, - { Deleted:
Section 3. Compensation for Holidays
13
•
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a
holiday falls on a day that a swom,employee performs no work (whether the day is the _ -- { Deleted: the J
employee's scheduled work day or not), the employee shall be paid 12.33 hours of
holiday pay for the holiday, at the employee's regular hourly rate of pay. When a holiday
falls on a day that a non -sworn employee performs no work (whether the day is the
employee's scheduled work day or not), the employee shall be paid 10 hours of holiday
pay for the holiday, at the employee's regular hourly rate of pay.
B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday
falls on a day that a swornpmployee performs work (whether the day is the employee's _ - - { Deleted: the J
scheduled work day or not), the employee shall be paid as follows:
1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid "hardship" pay as follows:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on
the holiday, at the rate of pay otherwise specified in this MOU for such work
hours, and
c. Pay for the number of hours of work the employee actually performed on
the holiday, at the employee's base hourly,rate ofpay. - - -{ Deleted: regular
Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn
pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regula, hourly rate - -- { Deleted: base
6 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay as per Section 3A, and
J,. Pay for the number of hours of work the employee actually performed on the _ - - { Deleted:
holiday, at the rate of pay otherwise specified in this MOU for such work hours.
Example 2: Officer B works 8 hours on Veterans' Day or a Floating Holiday.
Officer B would eam pay computed as follows:
Hours Pay Rate
14
•
12.33 hours holiday pay regular; hourly rate _ _ - { Deleted: base
8 hours work pay regular hourly rate or overtime hourly rate, as applicable Deleted:
under MOU
' Deleted: s
C. The past practice of the City paving hardship holiday pay to an employee on a Deld' 1 Recngd�M <
Itiv_i9ays9
designated hardship holiday when in fact said employee did not work on the designated 3 g � For e a t a r endu ing holidays
hardship holiday is specifically eliminated by the above language. • ar=r =s^ a = ad a e f 148 a n
holiday compensation of 148 hours which
are paid to members over 26 payroll
Section 4. Conversion of Hardship Pay to Time Off pe ods each calendar year:"
9 . New Yeats Day . (January 1)"
An employee may choose to convert any hardship pay to time off or non -FLSA Martin Luther King Day . (3
r Monday in January)"
compensatory time at the rate of one hour of hardship pay convertin&to one hour of time , ' Presidents' Day . (3r Monday in
off or to one hour of non -FLSA compensatory time. Febmary)q
Memorial Day . (Last Monday in
MaY)"
. Independence Day . (July 4)9
. Labor Day .(I Monday in
September)"
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION Veterans Day (November 11)1
Thanksgiving Day . (4"' Thursday
in November)"
The City reserves the right to select the insurance carrier or administer any fringe benefit Chri ones Eve ... (December 24 9
Christmas Day (December 25)9
program that now exist or may exist in the future during the term of this MOU, unless 2 Floating Holidays"
otherwise specified within this MOU.
Section 7 Hardship Compensation'
1
In addition, employees who have the
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING hardship of working on one of the below
designated holiday shall earn, at the base
rate of pay, a corresponding number of
In the administration of the fringe benefit programs, the City shall have the right to select hours to the hours worked on said
any insurance carrier or other method of providing coverage to fund the benefits included holiday. The employee may hoo to be
compensated as time off or pay."
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. New Yea s Day . (January 1)1
Independence Day . (July 4 )"
Thanksgiving Day . (4 Thursday
in November)"
Christmas Day . (December 25)1
ARTICLE 26. FRINGE BENEFIT LIMITS - Floating Holiday"
1
Floating Holiday — Floating holiday may
Section 1. City shall not pay premium or accrue any fringe benefits afforded with this be individually selected by the employee
MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive abject to the approves of the Chief of
Police. Approval will not be granted if it
calendar days, unless specifically provided for within this MOU, authorized by the City would require the Depamnentto backlit]
Manager, or otherwise provided for by federal or state "Family Leave Acts" and /or their posi on with another o ficer at hoe
and one -half to maintain necessary
"Workers' Compensation" requirements. staffing/deployment levels."
9
Employees shall choose their coating
Section 2. City shall not pay premiums or accrue any fringe benefits afforded with this . holiday as follows:1
MOU for any employee who has been absent without authorization during said month,
Patrol - Any Federally recognized
suspended without pay, or who has terminated from City employment unless specifically holiday or the day after Thanksgiving, the
1 provided for within this MOU. day after Christmas, or the employee's
birthday."
Adminisirativellnvestiga6ons - Any
Federally recognized holiday, day after
Thanksgiving, day after Cluistmas, or the
ARTICLE 27. FRINGE BENEFIT CHANGES employee'sbirthday.9
9
section" Holiday Compensation —
Employees covered by this Memo( [11
15
•
If, during the term of this MOU, any changes of insurance carrier or method of funding
Deleted: Health Care coverage. (This
for any benefit provided hereunder is contemplated, the City shall notify the Association Section shall not be effective after
1 prior to any change of insurance carrier or method of funding the coverage. December 31, 2007.1
A I. 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
ARTICLE 28. HEALTH CARE COVERAGE health and dentalinsurance:1
1
For single employees
1 Section 1. iealth Care Coverage, $524nnom19
For employee + I dependent
$778 /monthl
A. "Health Care Coverage" � For employee + 2 or more dependents ...
$964 /monthl
9
The City shall contribute an equal amount towards the cost of Healthcare coverage under ' *NOTE: Unused atnounts may be
PEMHCA for both active swom and non -sworn employees and retirees. The City's applied to Drn a Insurance.'
contribution toward coverage under PEMHCA shall be the minimum contribution ` A2. Effective January 2008 and January
2009, the above cap shall be increased by
amount established by CaIPERS on an annual basis. Effective January 1, 2008 the City's average percentage increase of plan in
contribution under PEMHCA shall be $97.00. Orange County. The percentage is
determined by Ca1PERS and published in
the PERS PEMHCA Circular Letter
The City has implemented a full flex cafeteria_plan and employees participating in the issued each year under basic plans1
City's full flex cafeteria plan shall receive a flex dollar allowance to purchase group B. For employees covered by the tenns
health coverage under the City's Cafeteria plan. The monthly flex dollar allowance shall ii of this MOU, upon having completed
be: 1 thirty (30) days of uninterrupted service,
I ' 1 the City shall pay an additional
contribution towards dental insurance, as
Calendar Year 2010 2011 2012 2013 ed below: 9
9
' i For single employees
For single employees: $550 $650 $850 $1050 EI] per monhj 2
For employee +l dependent: $850 $950 $1150 $1350 Deleted: effective (This on Jan uazy Section , 2008.) ewmc
P effective January I,
For employee + 2 or more dependents: $1100 $1200 1400 1609 Deleted: Effective January 1, 2008, t
Deleted: shall
A portion of the flex dollar allowance ($97.00) is identified as the City's
Deleted: The flex dollar allowance mr
contribution towards PEMHCA. The PEMHCA contribution will be subject to 2008 shall be.I
change as the PEMHCA minimum contribution increases. Remaining flex dollars 9
For single employees: . Emu
will be used by employees to participate in the City's health plans.
Deleted:
B. Subject to Public Employees' Retirement System (PERS) administration %, Deleted: 3
requirements, the City shall make available to eligible employees participation in the group Deleted: (This Section shall not be
effective after December 31, 2007.)y
Healthcare plans offered by PERS. A The City shall, subject to PERS
1 , administration requirements, mak..Mrall
C. Employees who elect not to participate in the full flex cafeteria plan may r Deleted: The City shall provide to any
receive three hundred ten dollars ($310) per month (upon showing proof of health insurance 41 ; di sa b il i ty oypeleoy(e:dthoner on A gust Ir
coverage under an altemative plan.) Election forms are available in the Personnel Office. t 7 1983, and who has both fifteen (I lam
I '
' Deleted: B. The City shall provide to
Section 2,_ Health Insurance Plan for Retirees , any sworn retired employee (either
J, service or disability) who is employed
A. The City shall provide to any sworn retired employee (either service pry after August 1, 1983 and retires o 6
disability) who is hired after August 1, 1983 and on or before December 31, 2007, and ' ' Deleted: q
retires after December 31, 2009, and who has attained the age of fifty (50) the following
_B
group Healthcare insurance benefits:
Deleted: c
Deleted: .
16
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 CaIPERS, or (b) the
CaIPERS 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 Ca!PERS, or (b) the CaIPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
2. If the employee has twenty (20) or more years of full -time City of Seal
Beach service, the City shall pay such retired employee and one dependent, depending on
the qualified dependent status, the group health care insurance premium at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CaIPERS, or (b) the
CaIPERS 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 CaIPERS, or (b) the CaIPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
3. If the employee has twenty-five (25) or more years of full -time City of
Seal Beach service, the City shall pay such retired employee and dependents, depending on
the qualified dependent status, the group health care insurance premium at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CaIPERS, or (b) the
CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
a The City shall provide to any sworn retired employee (either service or Deleted: c
disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or more - Deleted: D
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 CaIPERS.
C. In all cases, the City's contribution for eligible dependent coverage for retirees ` - { Deleted: D
shall terminate with the death of the retiree. - Deleted: E
D In the event an eligible retired employee resides in an area where the health Deleted: E
plans provided by the City are not in effect, that retired employee shall be entitled to - f Deieted: F
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 Health insurance Plan for Retirees — Non -Sworn _ _ - -{ Deleted:
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.
17
I , 1. Those qualified non- swompositions with 20 or more,years of - Deleted: Section
employment with the City, have reached 55 years of age, and retires before December 31, - - Deleted: combined
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
years of employment with the City upon retirement, eligible dependent health insurance _ _ - -f Deleted: combined i
coverage shall also be provided through the Public Employees Retirement System Health
Program.
1 F _ 2. Those qualified non -sworn positions with 20 or more,years of - Deleted: Section
employment with the City, have reached 55 years of age, and retires after December 31, - Deleted: combined
2009, shall be provided with individual health insurance coverage through the Public
Employees Retirement System Health Program (PERS) capped at the rate of Kaiser
I HMO. If said employee has 30 or more years of employment with the City upon _ _ - { Deleted: combined
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.
3. Those qualified non -sworn positions hired by the City on or after - Deleted: Section
January 1, 2008, with 20 or more,years of employment with the City,_ have reached 55 _ _ - Deleted: combined
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 CaIPERS. If said
employee has 30 or more,years of employment with the City upon retirement, eligible _ _ - - Deleted: combined
dependent health insurance coverage shall also be provided through the Public
Employees Retirement System Health Program - - Deleted: capped at the PEMHCA
minimum as designated by CaIPERS
A. In all cases, the City's contribution for eligible dependent coverage for _ _ - -( Deleted: Section
retirees shall terminate with the death of the retiree.
j. In the event an eligible retired employee resides in an area where the _ _ - -I Deleted: Section 3
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.
Deleted: Section 1, The City shall pay
i f one hundred percent (100 %) of the
• ARTICLE 29. LIFE INSURANCE premium for term insurance policy wil aface value f thirty-seven nden thousand
i dollars ($3'],000)03) , double le indemnity
accidental death and dismemberment
The City shall pay 100% of the premium for a term life insurance policy with a face ,' (AD &D), and a dependent death benefit
value of $50,000, double indemnity accidental death benefit and a dependent death m he amount of hot and dollars
($1,000) per dependent1
benefit in the amount of $1,000 per dependent.
Section 2. For the position of Police
' Records Supervisor, the City shall pay
one hundred percent (100 %) oftbe
ARTICLE 30. DISABILITY INSURANCE PLAN premium for a term fife insurance policy
with a face value of fifty thousand dollars
(550,000) double indemnity accidental
The City shall pay one hundred percent (100 %) of the premium for the "employee's long- eu end a xo mb ment (AD &o), and
dependent death benefit in the amount
term disability insurance plan with an income continuation of not less than sixty-six and of one thousand dollars ($1,000) per
dependent.1
18
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, _ - Deleted: and such modification madea
pan of the MOU
ARTICLE 31. SECTION 125 PLAN
1 The City will provide a Section 125 Plan (pre- taxdeduction) for health, dental and child __- { Deleted: ed
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 unit member; The exam shall be _given by a _ _ - { Deleted: of the Association
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
Employee under 40 Alternate years
Employee 40 & Over Every year -�
ARTICLE 33. RETIREMENT
Section I. The City shall contract with PERS for a two -tier retirement plan for public
safety employees covered by this MOU. The two tiers shall be three percent (3 %) at age
fifty (50) and two percent (2 %) at age fifty (50).
A. For public safety employees covered by this MOU who were hired by the- - { Formatted: Bullets and Numbering 3
City before the effective date of the two -tier retirement plan, 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.
B. For public safety employees covered by this MOU who were hired by the• - {Formatted: Bullets and Numbering
City on or after the effective date of the two -tier retirement plan, the City shall make
contributions to the PERS plan known as two percent (2 %) at fifty (50) with those
benefit options as provided for in the contract between the City and PERS.
C. ' Modification(s) to the contract shall be made only after the City has met+ - -- { Formatted: Bullets and Numbering 3
and conferred with the Association and such modification(s) made a part of the contract
19
between the City and PERS consistent with the requirements of PERS.
Section 2. The City shall make contributions for the non -swom 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 of PERS.
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:
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 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.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.
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
I Time worked in excess of eighty-six hours in a FLSA work period as defined in Article 34,_, - - -( Deleted: 6
20
I Section 1.A,or time worked on scheduled days off. , , - -( Deleted: 1.
B. Four -Ten (4 -10) Workweek .
Time worked in excess of eighty -six hours in a FLSA work period as defined in Article 34,
Section 1.A. or time worked on scheduled days off,. - -- Deleted: forty (40) hours in a
workweek as defined in Article 36
Section 1.A.2.
C. Five -Eight (5 -8) Workweek
Time worked in excess of eighty -six hours in a FLSA work period as defined in Article 34,
Section 1.A. or time worked on scheduled days off, _ _ -- Deleted: forty (40) hours in a
workweek as defined in Article 36
Section I.A.3.
Section 2. Compensation for Overtime
A. Authorized non -FLSA overtime shall be compensated in pay or compensatory
time at the rate of one -and- one -half (1 -1/2) times the straight time hourly equivalent of the
1 base hourly rate of Pa . -. - -{ Deleted: monthly pay rate
B. In computing overtime for a work period, time absent from duty as a result of use .. - {Deleted: regular work week or
of sick leave, vacation, holiday or compensatory time off shall not be considered as time
I deemed to have been worked, _ - Deleted; I
Section 3. Compensatory Time - Employees may elect to receive compensatory time in Deleted: C. If members regular work
cyc is / in any fourteen ix ( 6)y FLSA
lieu of pay for overtime subject to A. and B. below.
cycle is less than eighty-six) day hours,
they will be paid overtime for those hours
worked above their regular work
A. Should an employee desire to take compensatory time off, he /she shall schedule.
provide reasonable notice, i.e., no less than fourteen (14) calendar days (one payroll
cycle), and file a written request with the Chief of Police. The Chief of Police shall grant
compensatory time off based on departmental manpower needs. If an employee fails to
provide fourteen (14) calendar days (one payroll cycle) advance notice to the Chief of
Police, the Chief of Police shall consider the request for compensatory time off and has
discretionary authority to grant or deny the request.
13. Employees shall be permitted to accumulate a maximum of seventy-five (75)
hours of compensatory time. An employee who has accumulated ,seventy-five (751 hours - { Deleted: s an excess of
of compensatory time will be reimbursed within the pay period earned for any overthn ;_ _ _ - {Deleted: that amount
in excess of seventy-five (75) hours maximum.
C. An employee may, upon written request submitted to and approved by the
I City Manager, receive reimbursement for the requested number of hours of accumulated _ _ - -I Deleted: accrued i
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 eam 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
21
•
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 lien existine rate of pay. _ - { Deleted: current J
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 of Svc 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 on or before, February 1, 1998, shall accrue - - -{ Deleted: prior to
vacation leave by the following schedule:
Years of Svc Hourly Accrual Rate Per Pay Period Annual Accrual Rate
0 -5 Years 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10 -15 6.154 160 hours
16+ 7.692 200 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of 400 hours.
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
22
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 accumulated, vacation on -- { Deleted: rued
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. ' - - .: .. - - . . .
- . . . 'en request of forty (10) or morc hours.
Section 5. Vacation Payment at Termination — Employees terminating employment shall
I be paid in a lump sum for all accumulated, vacation,po later than the next regular payday_ _ Deleted: rued
following termination. If the termination is due to death of the employee, the employee's ( Deleted: leave
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 ,shall be earned - - { Deleted: leave
during any leave of absence without pay for each fourteen (14) day period (pay period) of
such leave.
I Section 7_ Prohibition Against Working for City During Vacation — Employees shall not - - { Deleted: J
work for the City during his/her 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
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 of absence, after notice to return to
duty, the employee shall be reinstated to the position held at the time the leave of absence
was granted. Failure on the part of the employee to report promptly at such leave of
absence's expiration and receipt of notice to return to duty, shall be cause for discharge.
23
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, and life insurance plan for the
first thirty (30) calendar days of the leave of absence.
ARTICLE 3S. UNAUTHORIZEDABSENCE _ _ - Deleted: LEAVE OF
1 Unauthorized ,absence is days, or portions of days, wherein an employee is absent from _ - -1 Deleted: leave of
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.
1 Employees taking unauthorized ,absence may be subject to disciplinary action, up to and - - -{ Deleted: leave of i
including termination of employment.
ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of bereavement leave,„ by the - - - { Deleted: of absence
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
1 Father and Mother (Including Step parent,and adoptive parent) = ` D eleted: a
Father and Mother In -Law Deleted: a
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
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
1 military leave, the employee may continue said benefits at his/her cost.
24
ARTICLE 41. This article was intentionally left blank and has been. reserved for future •
use.
- - 1 Deleted: PREGNANCY
1 DISABILITY LEAVE OF ABSENCE
ARTICLE 42. JURY DUTY Section 1. An employee who is disabled
1 due to pregnancy shall be granted a
pregnancy disability leave for a minimum
Section 1. Jury Duty is granted as follows: of three (3) onths
) provided that a lesser
A. Employees required to report for jury duty shall be granted leave of absence penod may employee.y be granted upon request of
me
for such purpose, upon presentation of jury notice to the Chief of Police. Said employees 9
• shall receive full payment for the time served on jury duty, provided the employee remits sect 2 Pregnancy Disability Leave
(PDL) run concurrently with FMLA and
any fees received for such jury service, excluding payment for mileage, to the City's CFRAIeme.¶
Administrative Services (Finance) Department. Compensation for mileage, subsistence $ ec f on
or similar auxiliary allowance shall not be considered as a fee and shall be returned to the
employee by the Administrative Services (Finance) Department. l
Deleted: 3, Disability arising out of
pregnancy shall be treated the same as
B. If the sum of the employee's jury duty responsibility is less than a full work other temporary disabilities in terms of
day, the employee shall contact his supervisor as to the feasibility of returning to work eligibil
extended der ss nded sic k k l lea lonc�ca
pay, exteceave, , or accumulated
that day. sick leave.q
4
Section 4 Employees are encouraged to
report the existence of pregnancy. Where
ARTICLE 43. SICK LEAVE the nature o the duties performed is
hazardous or burdensome, the employee
may be required to submit medical
evidence as to fitness for the performance
Section 1. Accrual - Sworn Positions of du es of the position
9
A. Sick leave shall be accrued at the rate of twelve and one -third (12 -1/3) hours er
Sectio 5, Employee shall be placed on
h medical leave when the e e employee's
calendar month for each calendar month that the sworn employee has worked regularly physician states that medical disability
scheduled hours and/or has been on authorized leave which provides for full pay, for at least the the k du ties ieseof a
with the performance of
continuing
fifteen (] 5) working days in that month, work would la b be position ardou na :araoaa, r Should
disagreement arise between the Chief of
Police and the employee's physician as to
B. Sick leave accrued pursuant to A. above for sworn unit employees hired prior the hazardous nature of the job or the
to July 1, 1985, will be placed into the established sick leave bank at the rate of twelve usual on od customary dut employee t porf the
1 us
and one -third (12 -1/3) hours per calendar month for each calendar month that the position, a physician representing he
resentnt
ing the
employee has worked regularly scheduled hours. This new sick leave bank, established Cdo to the on flj protec d by law, will
City to the ex p9
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. s release from a Fo edi ag re nt for t and upon
e ll o cnl childbirth
disability resulting from the pregnancy,
C. Employees who are on authorized leaves of absence, without pay, shall not the eme pot t o t must submitam u he i f n duties
accrue sick leave hours during said leaves of absence. of f the position to m the perform Persorannne the drmel
Department. At that time, a
determination will be made for a return to
D. There is no limit on the amount of sick leave that an employee may accumulate. work date with reinstatement to be
accomplished as expeditiously as is
reasonably practicable. .
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
25
•
1
City shall be paid for accumulated sick leave in the lesser amount of (i) twenty-five percent
1 (25 %) of his accumulated sick leave at the employee's final base hourly rate of pay or (ii)
two thousand five hundred dollars ($2,500). Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City. Remaining sick leave
hours are converted to 8 hour days and reported to CaIPERS for service credit.
3. Employees employed prior to July 1, 1985, who are retired because of
work related disabilities will be paid all of their accumulated sick leave at their final base
hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective
date of retirement as determined by the City. Any sick leave accrued after February 4,
1998 will be placed in the sick leave bank set forth in Section 1.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 his/her accumulated sick leave
provided as follows:
A. Immediately upon return to duty, the employee submits to his/her supervisor a
written request for sick leave and a written statement signed by his /her 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 his/her 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.
1 D. The maximum period of such leave shall be ninety (90) calendar 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.
1 Section 4. Accrual and Payment Miscellaneous Positions _ ` ` - Deleted: Sick Leave
Deleted: Police Records Supervisor
26
1 A. All full -time manovered by e cfion shall d: resolution
sick leave at the rate of one iscell day per mo eous (10 employees hour Th e m this axim accumulatio accrue of _ _ _ - Deleted. ma)
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.
C. Upon termination of employment with the City, all leave hours will be paid to
the employee at the employee's base hourly 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 hourly rate of
pay.
D. Employees who are on authorized leaves of absence, without pay, shall not
accrue sick leave hours during said leaves of absence.
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. CATASTROPHIC LEAVE
Section 1. Establishment — A, Catastrophic Leave Program for the Association was _ - Deleted: In a side letter agreement
established which allows donation of paid time for ,employees represented b - theme between the City and the Association
� — — signed on August 8, 2005,
Association.
Deleted; a
Section 2. Purpose — The purpose of the Catastrophic Leave Pool is to enable full -time Deleted: me,nx
employees to receive and donate vacation, administrative leave, and compensatory time Deleted; of
off (CTO) leave credits on an hour for hour basis to assist employees who have no
1 remaining leave 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.
27
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.
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
1 may require, medical justification as evidenced by a Physician's Statement that the - ,- { Deleted: a
presence of the employee is necessary.
K. 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 bill _, _ - {Deleted: condition
to perform normal duties.
ARTICLE 45. FAMILY LEAVE (FMLA/CFRAI
Family Leave (FMLAICFRA) request procedures are established by City Manager
Administrative D 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.
28
ARTICLE 47. OFF - THE -JOB INJURY
An employee injured outside of his/her service with the City shall be compensated
through the disability insurance plan provided by the City.
ARTICLE 48. PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and - - - Deleted: The Association and the City
Shall gOVem. - have met and conferred regarding
presentation for the approval of the
citizens of the City of Seal Beach to
Section 2. The Association and the Union agree that all City Council Policies and City abolish the Civil Service Cmmnission
from the City's Charter in the March
Manager Administrative Directives are incorporated herein by reference, and shall 2006 election,t
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 pjghjy_ (180)calendar days. The Personnel Deleted: and
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 his /her 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,nore frequent intervals when deemed necessary , _ - { Deleted: a 3
by the Chief of Police. Permanent employees shall have their performance evaluated
annually or at more frequent intervals when deemed necessary by the Chief of Police.
Such evaluation shall be reported in writing and in the form approved by the Personnel
Department.
29
•
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.
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.
Deleted: Section 2. Upon the request
ARTICLE 51. MOU REOPENERS / of either the c or the Association. this
MOU shall be reopened to discuss retiree
medical insurance. Issues to be discussed
clud po
Section 1. The parties shall reopen any provision of this MOU for the purpose of reCve e h the ealth sa ssible vitrga accimplemenonms, tation of
complying with any final order of a Federal or State Agency or Court of competent com c voluntASB 45 or PER$
ary employee benefit
jurisdiction requiring a modification or change in any provision or provisions of this no oun ete.y
MOU, in order to comply with State or Federal laws. 4
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
ARTICLE 52. This article was intentional) left blank and has been reserved for future discuss the flex dollar allowance of the
•
use , City's full flex cafeteria plan.9
P ` CELL PHONEM
xd: C
ARTICLE 53. NO STRIKE - NO LOCKOUT v
Deleted: Effective January 2006 a
`
Deleted: II members
Section 1. The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU they will not cause or condone any strike, walkout, Deleted: of he Association
slowdown, sickout, or any other job action by withholding or refusing to perform Deleted: wu receive aseventy-five
dollars services. allowance. Members month will ill p
provide their
own phone/plan for use on City business.
30
•
•
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 any one 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
1 if the City Manager or his/her 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
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
31
This Memorandum of Understanding is subject to approval and adoption by the City
Council and tification by the required number of duly authorized representatives of the - Deleted: ratified
Association. Following such ratification, approval and adoption, the Memorandum of ( Deleted: 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:
David Carmany, City Manager Sergeant Joe Miller
Date: Date:
Robbeyn Bird, Director of Administrative Sergeant Ron LaVelle
Services
Date:
Date:
Sergeant Steve Bowleg - { Deleted: Jim Johnson
Jill Ingram, Assistant to the City Manager
Date: •
Jeff Kirkpatrick, Chief of Police
•
32
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers. Officers work
out on their off duty time and may, depending upon availability of funds and staffing
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each 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 3 ,2 of the S.B.P Jy .A. M.O.U. - Deleted: xin J
��- _-- _��� - -- ` Deleted: scclion 6
TESTING Deleted: 0
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
33
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 16:31 -Above 17:01 -Above 17:31 -Above 18:01 -Above
Maint. Level 11:00 12:00 12:30 13:00
Minim. Level 14:30 15:15 15:30 15:45
40 -49 50 +
34
B elow Below
Excellent 2:15 12:30
Good 2:16 -13:45 12:31 -14:30
Fair 3:46 -16:15 14:31 -17:00
Poor 6:16 -18:15 17:01 -19:00
Very Poor 8:16 -Above 19:01 -Above
Mainz. Level 3:30 14:00
Minim. Level 6:00 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 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 1 -Below
Maint. Level 40 35 25 18
Minim. Level 18 15 13 11
PULL -UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight .
in the beginning position with the feet off the ground. Officer must pull his body up to a
position where his chin is above the bar for one repetition; the total number of correct
pull -ups are recorded and compared to the standards on the chart.
In Lieu of pull -ups, officers may choose to do the "La Pull ". Officers are required to pull
down 70 percent of their body weight ten times in order to achieve maintenance level.
Under 30 30 -19 40 -49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair - 6 -7 4 -5 3 -4 2 -3
Poor 5 3 2 I
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 his /her back, knees bent heels flat on the floor and arms folded
across the chest. A partner holds the feet down. In the up position, the officer will touch
35
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 *
Under 30 30 -39 40 -49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40 -50 34 -44 27 -39 23 -39
Fair 35 -39 29 -33 20 -26 16 -22
Poor 24 -34 18 -28 7 -19 6 -15
Very Poor 23- 17- 6- 5-
Maint. Level 45 40 35 30
Minim. Level 30 25 20 15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are
placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his
toes with his fingertips as far as he can. The distance above or below his heels is
measured. The distance is recorded as plus or minus inches. Plus inches is below the
heels and negative is above the heels. Compare the results against the standards on the
chart.
Under 30 30 -39 40 -49 50+
Excellent +10" & below +9" & below +8" & below +7" & below
Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" 0 to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +1" -6.5" to +.5" -9" & above -10" to 3.5"
Very Poor -5" & above -7" & above -9.5 & above - 10.5 "& above
Maint. Level +5" +4" +1" 0"
Minim. Level 0" -2" -4"
•
36
Page 15: [1] Deleted Admin 5/3/2010 12:35:00 PM
Section I. Recognized Holidays
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 (January 1)
Martin Luther King Day (3 Monday in January)
Presidents' Day (3 rd Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (1 Monday in September)
Veterans Day (November 11)
Thanksgiving Day (4 Thursday in November)
Christmas Eve (December 24)
Christmas Day (December 25)
2 Floating Holidays
Section 2 Hardship Compensation
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 (January 1)
Independence Day (July 4)
Thanksgiving Day (4` Thursday in November)
Christmas Day (December 25)
Floating Holiday
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.
Administrative /Investigations - 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.
Page 16: [2] Deleted Administrator 5/2/2010 1:11:00 PM
Health Care Coverage. (This Section shall not be effective after December 31, 2007.)
Al. 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
CaIPERS 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
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 forms are available in the Personnel
Office.
Section 2.
Page 16: [3] Deleted - Admin - 6/4/2010 9:20:00 AM
The flex dollar allowance for 2008 shall be:
For single employees: $550
For employee +1 dependent: $850
For employee + 2 or more dependents: $1,100
Page 16: [4] Deleted Administrator 5/2/2010 1:12:00 PM
(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 VII, Section IA (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
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
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 I, 2008.)
Page 16: [5] Deleted Administrator 7/27/2010 3:04:00 PM
The City shall provide to any sworn 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 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.
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) calendar 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)
calendar 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.
Page 16: [6] Deleted Admin 6/7/2010 5:31:00 PM.,
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:
I. 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
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.