HomeMy WebLinkAboutCC AG PKT 2006-02-13 #K •
AGENDA REPORT
DATE: February 13, 2006
TO: Honorable Mayor and City Council /]�
FROM: Andrew J. Tse, Management Analyst — Human Resources ( I
SUBJECT: RESOLUTION NO. - A resolution of the City
Council of the City of Seal Beach adopting the
Memorandum of Understanding (MOU) between the City
of Seal Beach and the Seal Beach Police Officers
Association, and the Seal Beach Police Management
Association, and enumerating employee classifications and
compensation as of July 1, 2005
SUMMARY OF REQUEST:
The purpose of this report is to request Council consideration to adopt a resolution adopting
the Memorandum of Understanding (MOU) between the City of Seal Beach and the Seal
Beach Police Officer Association and the Seal Beach Police Management Association, and
enumerating employee classification and compensation as of July 1, 2005.
BACKGROUND:
On Tuesday, December 27, 2005, with the assistance of Bill Avery from Bill Avery and
Associates, the City reached a census with the Seal Beach Police Officers Association
and the Seal Beach Police Management Association. The terms agreed upon by the City
and the Associates are within the parameters set by the City Council in June 2005.
FINANCIAL IMPACT:
The total estimated fiscal impact for each fiscal year is estimated at $125,583.72 for the
POA and $58,608.36 for the PMA.
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
1. Resolution No. - "A resolution of the City Council of the City of Seal
Beach adopting the Memorandum of Understanding (MOU) between the city of Seal
Beach and the Seal Beach Police Officers Association, and the Seal Beach Police
Agenia Item K
February 13, 2006
Agenda Report — MOU: SBPOA AND SBPMA
Page 2
Management Association, and enumerating employee classifications and compensation
as of July 1, 2005."
AP 11 / 1,
J 1. Bahorski, City Manager
tachments:
Resolution Number
Memorandum of Understanding — POA
Memorandum of Understanding - PMA
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL
BEACH AND THE SEAL BEACH POLICE OFFICERS
ASSOCIATION, AND THE SEAL BEACH POLICE
MANAGEMENT ASSOCIATION, AND ENUMERATING
CLASSIFICATION AND COMPENSATION AS OF JULY 1,
2005
WHEREAS, the City and the Associations met in good faith and reached an agreement on
Tuesday, December 27, 2005; and _
WHEREAS, the terms agreed upon were within the parameters set by the City Council in June
2005; and
WHEREAS, the contracts between the City and the Associations are for the time period of July
1, 2005 — June 30, 2007.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal Beach hereby
approves the Memorandum of Understanding (MOU) between the City of Seal Beach and the
City Beach Police Officers Association and the Seal Beach Police Management Association.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the
13 day of February, 2006 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
MAYOR
ATTEST:
Linda Devine, City Clerk
RESOLUTION NUMBER
PAGE 2
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing
resolution is the original copy of Resolution Number on file in the office of the City
Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular
meeting thereof held on the 13 day of February, 2006.
City Clerk
-4SEAL
,y coma F gc y, CITY OF SEAL BEACH
PERSONNEL DEPARTMENT
Zt� 4° MEMORANDUM
,,COO t-
TO: Honorable Mayor and City Council Members
FROM: Andrew J. Tse, Management Analyst - HR Cff
SUBJECT: ERRATA Sheet
DATE: February 13, 2006
Attached is Page 3 of the POA employment contract. The word "or" was inadvertently left off.
The attached page continues the correct language. We apologized for any inconvenience.
H. To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in departmental disciplinary procedure.
Section 2. Where the City is required to make changes in its operations because of the
requirements of law, or whenever the contemplated exercise of City Rights shall impact the wages,
hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet
and confer in good faith with representatives of the Association regarding the impact 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 Memorandum of Understanding.
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 Memorandum of Understanding 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 Memorandum
of Understanding in compliance with state or federal anti - discrimination laws.
Section 2. Whenever the masculine gender is used in this Memorandum of Understanding, it shall
be understood to include the feminine gender.
ARTICLE V - COMPENSATION PLAN
Section 1. Basic Compensation Plan
A. All employees covered by this Memorandum of Understanding shall be included under
the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range
adopted by the City Council. The salary schedule shall consist of five (5) steps within each range.
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 range upon the recommendation of the Chief of Police and the approval of the
City Manager when it is decided that such action is in the best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at the end of six (6)
months of employment subject to the recommendation of the Police Chief and approval of the City
Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee to
improve his work and to recognize increased skill on the job. Employees are normally eligible for
these adjustments at any time after the completion of one (1) year of service at the preceding step.
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Adopted by Resolution No.
Adopted 02/13/06
MEMORANDUM OF
UNDERSTANDING
SEAL BEACH POA
July 1, 2005 - June 30, 2007
Exhibit A
Exhibit B
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICER'S 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, the Seal Beach Police
Officer's Association as the majority representative of the employees in the bargaining unit, which
includes Police Department full -time employees in the classifications and assignments of: a) Police
Officer and b) Police Corporal.
Section 2. The City recognizes the Association as the representative of the employees in the
classification and assignments set forth in Section 1. above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyer -Milias-Brown Act, Government
Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or
other terms and conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of Association, not to exceed six (6) in number,
shall be entitled to meet and confer with Management during said representatives' normal working
hours without suffering any loss in pay while absent from the duties for such purpose, providing
that such time per person shall not be unreasonable. The City also agrees that such representatives
may utilize not more than six (6) hours per month or seventy -two (72) hours per year without
suffering any loss in pay for- such absence -for_ the purpose of meeting with employees who are .
members of Association and/or other offices of Association.
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES
Section 1. Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all members of the Association
for regular and periodic dues and benefit program premiums as specified by agreement between the
City and the Association and signed by the member. The Authorization Form content shall be
mutually agreed to by the Association and the City.
B. The City shall remit such funds to the Association within fifteen (15) days following the
deductions.
C. The City shall make payroll deductions for purposes of an employee depositing funds or
making payments directly to a Federal Credit Union, providing that any deductions shall not be less
than two dollars ($2.00) on a bi- weekly basis.
Section 2. Indemnification
The Association agrees to hold the City harmless and indemnify the City against any claims, causes
of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association,
except the intentional failure of the City to transmit to the Association monies deducted from the
employees pursuant to this Article.
ARTICLE III - CITY RIGHTS
Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this Memorandum
of Understanding or by law in the exercise of it's rights to manage the business of the City, as such
rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive
rights of management, not abridged by this Memorandum of Understanding 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.foror subcontract any_work.or operation...
D. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
E. To establish and modify employee performance standards and productivity and
performance programs including, but not limited to, quality and quantity standards, and to require
compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to maintain order,
safety and efficiency in the City, it's facilities and operations.
G. To determine policies, procedures and standards for the selection, training and
promotion of employees.
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H. To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in departmental disciplinary procedure.
Section 2. Where the City is required to make changes in its operations because of the
requirements of law, 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 Memorandum of Understanding.
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 Memorandum of Understanding 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 Memorandum
of Understanding in compliance with state or federal anti - discrimination laws.
Section 2. Whenever the masculine gender is used in this Memorandum of Understanding, it shall
be understood to include the feminine gender.
ARTICLE V - COMPENSATION PLAN
Section 1. Basic Compensation Plan
A. All employees covered_by.this Memorandum of Understanding shall- be included under
the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range
adopted by the City Council. The salary schedule shall consist of five (5) steps within each range.
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 range upon the recommendation of the Chief of Police and the approval of the
City Manager when it is decided that such action is in the best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at the end of six (6)
months of employment subject to the recommendation of the Police Chief and approval of the City
Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee to
improve his work and to recognize increased skill on the job. Employees are normally eligible for
these adjustments at any time after the completion of one (1) year of service at the preceding step.
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Each adjustment shall be made subject to the recommendation of the Chief of Police and approved
by the City Manager.
Section 2. Advancement within Salary Ranges
A. In order to properly compensate an employee, advancement in salary shall be based on
merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased service
value of the employee to the City.
C. The Chief of Police and/or the employee's immediate supervisor shall be responsible to
evaluate employees fairly in an unbiased fashion for the determination of job performance.
Advancement shall be made only upon recommendation of the Chief of Police with approval of the
City Manager.
D. An employee must be reviewed at least once every twelve (12) months from the
effective date of his last performance step increase, special performance advancement or promotion.
Nothing contained herein shall restrict the Chief of Police from denying the increase after
evaluation, nor shall it prevent him from recommending a special performance advancement in
salary at any time when unusual or outstanding achievement has been demonstrated.
E. It shall be the responsibility of each supervisor to establish realistic achievement levels
for each step increase within a salary range. Achievement levels may be formal or informal and
shall be reviewed by the Chief of Police for the purpose of maintaining uniformity of standards
throughout the department.
Section 3. Salary Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a position with a higher
salary range, the employee shall be compensated at a step of the salary range assigned to the new
position that is closest to providing a 5% salary increase over the 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 higher -level
classification. hi such temporary assignments lasting thirty (30) consecutive calendar days or more,
the employee shall be compensated at a step of the salary range assigned to the new position that is
closest to providing a 5% salary increase over the base salary received prior to the temporary
appointment.
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Section 4. Salary Decreases Following Demotion
In the case of a demotion of any employee in the department to a classification with a lower
maximum salary, such employee shall be assigned to the appropriate salary step in the new
classification as recommended by the Chief of Police and approved by the City Manager. The
employee shall retain his previous anniversary date.
Section 5. Adjustments of Salary Ranges
When a salary range for a given classification is revised upward or downward, the incumbents of
positions and classifications affected shall have their existing salary adjusted to the same relative
step in the new salary range and their anniversary date shall not be changed.
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 medical health plans including dental,
retirement plan, disability insurance, or life insurance. Should such suspension be later modified or
revoked, the employee shall be entitled to receive payment for loss of income and benefits during
the period of suspension.
Section 7. Salary adjustments during Term of Memorandum of Understanding
Attached hereto and incorporated herein is Exhibit "A ". Said Exhibit effects base salary
adjustments for represented classifications as follows:
A. Effective first payroll period July, 2005, a 4% base salary increase.
B. Effective first-payrolLperiod following. July 1, 2006 an . amount -equaLto -the- increase
in the— CPI, all urban consumers LA -Long Beach for the twelve months ending in
April 2006, subject to a minimum increase of 3% and a maximum increase of 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 1, 2006.
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
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equipment damaged within the course and scope of the employees' employment. Recurring
maintenance, repair and/or replacement due to normal wear shall be the responsibility of the
employee.
C. An employee assigned as a motor officer shall receive an initial issue of required
uniform items incident to such duty. Such items include, but are not limited to: jacket, boots,
gloves, and two 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 shall receive one -half hour compensation at straight time for
either payment or compensatory time off for each shift of recruit training. A shift shall be
understood to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible member performing
the duties of a Field Training Officer for Voluntary Reserve Officers shall receive one -half hour
(1/2) compensation at (straight time) for either payment or compensatory time off for each shift of
recruit training. A shift shall be understood to be six (6) or more hours.
C. Motorcycle Officer - An officer assigned as a motor officer shall work an average of two
and two -third (2 and 2/3) hours per month in caring for the motorcycle and related equipment
required in said assignment. This time shall be paid in accordance with provisions governing the
computation and payment of overtime.
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
regular hourly rate of pay. Should the appearance exceed two and two- thirds hours, the employee
shall receive pay for the actual appearance time, excluded court designated lunch period, at the rate
of one and one -half 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 minimum.
C. All employees agree to comply with the "on -call" policies administered by the
department. Should an officer be placed "on- call" during off duty hours for court appearance(s) he
shall be granted two hours pay at the employee's straight time hourly rate for any on call time prior
to 12:00 noon and two hours for all on call time after the hour of 12:00 noon.
Section 4. Call -back
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Employees who are called back to duty after having completed a normal shift or work day
assignment and departing from the work premises shall be paid one - and - one -half (1 -1/2) times the
employee's regular straight time hourly rate for each hour worked on call -back. Call -back time
shall commence from the time the employee is called back to service.
Section 5. Training Programs
A. The City shall pay reasonable expenses incurred by employees attending approved
training programs. Expenses include registration fees and the costs of purchasing required course
materials, travel to and from the training course, meals and lodging shall be reimbursed per the
City's adopted Per Diem policy.
B. Employees attending City approved P.O.S.T. training programs requiring an overnight
stay(s) will receive a per diem allowance or provided as provided by P.O.S.T.
C. When an employee is sent by the City to a training program which is not a part of his
regular work schedule, the employee shall receive eight (8) hours pay for each full day of training
and such eight (8) hours pay shall be credited towards the computation of overtime.
Section 6. Educational Incentive Pay - effective the first payroll period of January 2006.
A. Employees covered by this section who have completed 45 semester units of credit from
an accredited college or university with at least 16 units in the field of Police Science shall receive
the following compensation in addition to their base monthly rate of pay:
Police Officer/Police Corporal $ 105.00 /month
B. Employees- covered -by -this section - who -have completed 60 semester units of credit from
an accredited college or university with at least 19 units in the field of Police Science or have
attained a P.O.S.T. Intermediate Certificate shall receive the following compensation in addition to
their base monthly rate of pay:
Police Officer/Police Corporal $175.00 /month
C. Employees covered by this section who have completed a Bachelor's Degree from an
accredited college or university with at least 22 units in the field of Police Science or have attained
a P.O.S.T. Advance Certificate shall receive the following compensation in addition to their base
monthly rate of pay:
Police Officer/Police Corporal $205.00 /month
D. The above payment compensation shall be based on achievements over and above the
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job requirements established in the position classification plan for each classification. Payment to
employees shall be based on the highest achievement level only; i.e., employees with an Associate
or Bachelor's degree will receive compensation for the Bachelor's degree only.
E. Employees receiving Education 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 Memorandum of Understanding, employees receiving an educational incentive pay will not be
effected by such change and will not suffer any loss of such incentive pay.
F. All payments under this Section are subject to verification approval by the City 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.
B. Detective Supervisors required to carry a pager shall receive eight (8) hours of
compensatory time off per month. During any such month where the individual carries a pager for
less than the entire month, the number of compensatory time off hours shall be reduced in an
amount reflecting the pro -rated monthly time during which a pager was carried. Such
compensatory time off hours shall be maintained in an account separate from and in addition to
compensatory time off hours described in Article XI, Section 3. Any compensatory time off hours
earned in accord with this Section, and not utilized by July 31 of any year shall be forfeited
effective July 31 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 four (4) hours of compensatory time off or pay for each
standby weekend.
D. Detective Assignment — Mobile Phone Allowance — Effective the January 1, 2006,
Association members who are assigned to work the detective detail shall be paid a $75 per month
Mobile Phone Allowance. The allowance ceases when the member returns to regular patrol
duties.
Section 8. Experience Pay
A. Qualified employees of the Association, hired before January 1, 1992, with a minimum
of ten (10) years of full time service as a swom peace officer with a Municipal, County or State
Police agency meeting P.O.S.T. 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
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required and receive an overall satisfactory performance appraisal signed by the Chief of Police, his
designate or an individual acting in his capacity.
C. Experience Pay shall be an increased in the qualified employee's base salary as follows:
1. After ten (10) years of service, experience pay shall be paid at a rate of five percent
(5 %) of the qualified employee's base salary.
2. After twenty (20) years of service, experience pay shall be paid at a rate of ten
percent (10 %) of the qualified employees' base salary, not including the prior increase.
Section 9. Movie Detail
Effective with the ratification of this agreement, unit employees shall be paid ($60) Sixty dollars
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.
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 Memorandum of Understanding
unless otherwise specified within this Memorandum of Understanding.
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 Memorandum of Understanding, provided that the benefits of the employees and
affected retirees shall be no Less than those in existence as of implementation of this Memorandum
of Understanding.
Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded with this
Memorandum of Understanding for any employee on unpaid leave status, for more than fourteen
(14) consecutive days, unless specifically provided for within this Memorandum of Understanding,
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
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Memorandum of Understanding 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 Memorandum of Understanding.
C. City shall not pay premiums or accrue any fringe benefits afforded with this
Memorandum of Understanding 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 Memorandum of Understanding, 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 AND DENTAL, LIFE AND DISABILITY INSURANCE
Section 1. Health and Dental Insurance Plan
Al. Effective January 1, 2006, for the employees covered by the terms of this
Memorandum of Understanding, 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 $466 /month
For employee + 1 dependent $692 /month
For employee + 2 or more dependents $858 /month
NO 1 E: Unused amounts may be applied to Dental Insurance.
A2. Effective January 2007, the above cap shall be increased by average percentage
increase -ofplan in Orange County. The percentage is determined by Ca1PERS and published in
the PERS PEMHCA Circular Letter issued each year under basic plans.
B. For employees covered by the terms of this Memorandum of Understanding, 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 $16 per month
For Two -Party coverage $30 per month
For Family coverage $48 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
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$250 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 Retiree's
A. The City shall, subject to PERS administration requirements, make available to eligible
retiree's participation in the PERS medical plans and shall contribute $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 5% of City's contribution for
current POA employees as reflected in Article VIII, 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 medical insurance benefits:
1. The City shall pay for such retired employee and spouse, the percentage of the
group medical 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 medical insurance premiums paid by the
City to active employees, may change from time to time. For example, if the group medical
insurance premiums for an employee and spouse was $300 per month and if the City and the
Association were to agree in the future that the City would pay $285 of this monthly premium, then
an employee retiring at such time would be entitled to a City payment equal to 95% of whatever the
group medical 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 medical 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 Memorandum of Understanding Section, can, and will almost
certainly, vary from year to year depending upon the nature and substance of medical 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 medical 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 medical 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.
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4. Any retiree receiving benefits as described herein may elect to continue medical
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 medical 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 medical 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 medical 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 medical
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 3. Life Insurance Plan
The City shall pay one hundred percent (100 %) of the premium for a term life insurance policy with
a face value of $37,000, double indemnity accidental death benefit and a dependent death benefit in
the amount of one thousand dollars ($1,000) per dependent.
Section 4. Disability Insurance Plan
The City shall pay one hundred percent (100 %) of the premium for the "employee's" long -term
disability insurance plan with an income continuation of not less than sixty -six and two- thirds
percent (66 2/3 %) of the employee's monthly salary subject to caps and eligibility requirements as
set forth within the policy of the accepted carrier. Modifications to the plan shall be made only
after the City has met and consulted with the Association and such modification made a part of the
Memorandum of Understanding.
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 medical and dental insurance coverage to be made before taxes (non-
taxable) through salary reduction.
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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 make contributions for the public safety personnel covered by this
Memorandum of Understanding to the PERS plan known as three percent (3 %) at fifty (50) with
those benefit options as provided for in the contract between the City and PERS. Modification(s) to
the contract shall be made only after the City has met and consulted with the Association and such
modification(s) made a part of the contract between the City and PERS consistent with the
requirements of PERS.
Section 2. The City shall pay all the 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 336 continuous hours (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.
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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 hours in a FLSA work period as defined in Article X,
Section 1.A.1. and time worked on scheduled days off.
B. Four -Ten Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article X, Section
1.A.2.
C. Five -Eight Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article X, Section
1.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 base monthly
pay rate.
B. In computing overtime for a regular work week or work period, time absent from duty as
a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as
time deemed to have been worked.
C. If members regular work schedule in any 14 -day FLSA cycle is less than 86 hours, they
will be paid overtime for those hours worked above their regular work schedule.
Section 3. Compensatory Time
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A. Employees may elect to receive compensatory time in lieu of pay for overtime subject to
B. and C. below.
B. Should an employee desire to take compensatory time off, he shall file a written request
with the Chief of Police who shall grant time off unless it interferes with the normal operation
staffing of the police department.
C. Employees shall be permitted to accumulate a maximum of seventy -five (75) hours of
compensatory time. An employee who accumulates an excess of seventy -five (75) hours of
compensatory time will be reimbursed within the pay period earned for that amount in excess of
seventy -five (75) hours.
D. An employee may, upon written request submitted to and approved by the City Manager,
receive reimbursement for the requested number of hours of accrued compensatory time below the
cap of seventy -five (75) hours. Reimbursement shall occur with the next regular payroll following
the pay period in which the employee's written request has been approved by the City Manager.
Section 4. Overtime 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 X I - HOLIDAYS
Section 1. Recognized Holidays
For pay purposes, the following holidays are recognized:
New Year's Day (January 1)
Independence Day (July 4)
Thanksgiving Day (Fourth Thursday in November)
Christmas Day (December 25)
*Floating Holiday - A federally- recognized holiday as selected by employee
Section 2. Holiday Compensation
A. Employees covered by this Memorandum of Understanding shall be entitled to one
hundred twenty (120) compensated holiday hours per calendar year.
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•
B. Compensation for holidays will be paid on a monthly basis at a monthly rate of 1 /12th.
C. Employees who work on a designated holiday shall earn, at the straight time rate, a
corresponding number of hours to the hours worked on said holiday. The employee may choose to
be compensated as time off or pay.
• Floating holidays may be individually selected by the employee subject to the approval of
the Chief of Police. Employees shall choose their floating holiday as follows:
Patrol - Any Federally recognized holiday or the day after Thanksgiving or the employee's
birthday, excluding memorial Day or Labor Day, Administrative/Investigations - Any
Federally recognized holiday, day after Thanksgiving or the employee's birthday.
ARTICLE xm - VACATION
Section 1. Eligibility
All permanent full -time employees having completed one (1) year of continuous service with the
department and annually thereafter, shall be eligible for a paid vacation at their current rate of pay.
Section 2. Accrual
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. Effective February 4, 1998, 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+ 160 6.1538 160 hours
D. An eligible employee hired prior to February 1, 1998, shall accrue vacation leave by the
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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 or more 6.154 160 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of the amount accrued in
the thirty (30) months immediately preceding the employee's anniversary date of employment. 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.
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.
Section 4. Use of Vacation
A. The time at which an employee's vacation is to occur shall be determined by the Chief of
Police with .due - regard for the wishes of the .employee -and particular regard for the needs of the
service.
B. Employees who have completed five (5) years or more of continuous service may elect
to be paid for up to a maximum of forty (40) hours of accrued vacation on an annual basis provided
that forty (40) or more hours have been taken as vacation time off during the course of the prior
twelve (12) months. Request for payment shall be made thirty (30) days prior to the employee's
anniversary date of employment or in conjunction with a vacation request of forty (40) or more
hours.
Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for all accrued vacation
leave no later than the next regular payday following termination.
B. When termination is caused by death of the employee, the employee's beneficiary shall
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receive the employee's pay for unused vacation. In the event an employee has not designated a
beneficiary, the payment shall be made to the estate of the employee.
Section 6. Vacation Accrual During Leave of Absence
No vacation leave shall be earned during any leave of absence without pay for each fourteen (14)
day period (pay period) of such leave.
Section 7. Prohibition Against Working for City During Vacation
Employees shall not work for the City during 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 Chief's recommendation and approval of the City Manager, an
employee may be granted a leave of absence without pay in cases of an emergency or where such
absence would not be contrary to the best interest of the City, for a period not to exceed ninety (90)
working days.
B. Upon written request of the employee, the City Council may grant a leave of absence,
with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave, after notice to return to duty, the employee
shall be reinstated to the position held at the time leave was granted. Failure on the part of the
employee to report promptly _at. such .leave's .expiration .and receipt of notice_to return to duty, shall
be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be eligible to
accumulate or receive fringe benefits except as specifically provided for in this Memorandum of
Understanding, except that the City shall contribute to an employee's medical and dental health
plan, disability insurance plan, life insurance plan for the first thirty (30) days of the leave of
absence.
Section 2. Bereavement Leave
Employees may be granted up to forty (40) hours of bereavement leave of absence by reason of a
death in their immediate family which shall be restricted and limited to father, mother, step - mother,
step - father, brother, sister, spouse, child, step - child, grandmother, grandfather, mother -in -law,
father -in -law, or all degree of relatives not listed but living within the household of the employee.
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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 (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 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. Pregnancy Disability Leave of Absence
A. An employee who is disabled due to pregnancy shall be granted a pregnancy disability
leave for a minimum period of three (3) months provided that a lesser period may be granted upon
request of the employee.
B. Disabilities arising out of pregnancy shall be treated the same as other temporary
disabilities in terms of eligibility for, or entitlement to, sick leave with or without pay, extended sick
leave, or accumulated sick leave.
C. Employees are encouraged to report the existence of pregnancy. Where the nature of the
duties performed are hazardous or burdensome, the employee may be required to submit medical
evidence as to fitness for the performance of duties of the position.
D. Employees shall be placed on medical leave when the employee's physician states that
medical disability would interfere with the performance of the duties of the position or continuing
work would be hazardous. Should disagreement arise between the Chief of Police and the
employee's physician as to the hazardous nature of the job or the ability of the employee to perform
the job, a physician representing the City, to the extent protected by law, will resolve the conflict.
E. Following childbirth and upon release from medical treatment for the disability resulting
from the pregnancy, the employee must submit a medical statement of fitness to perform the duties
of the position to the Personnel Department. At that time, a determination will be made for a return
to work date with reinstatement to be accomplished as expeditiously as is reasonably practicable.
Section 5. Unauthorized Leave of Absence
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Unauthorized leave of absence are days, or portions of days, wherein an employee is absent from
work without City approval. Unless subsequently approved, such absence will result in a deduction
from the employee's pay of an amount equivalent to the time absent. Employees taking
unauthorized leave of absence may be subject to disciplinary action, up to and including
termination of employment.
Section 6. CATASTROPHIC LEAVE
A. Establishment — In a side letter agreement between the City and the Association signed on
August 8, 2005, a Catastrophic Leave Program for the Association was established which allows
donation of paid time for members of the Association.
B. Purpose — The purpose of the Catastrophic Leave Pool is to enable full -time employees to
receive and donate vacation, administrative leave, and compensatory time off (CTO) leave
credits on an hour for hour basis to assist employees who have no remaining bank balances and
who will suffer a 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
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1,
medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family member may required
medical justification as evidenced by a Physician's Statement that the presence of the employee
is necessary.
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 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, 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 Memorandum of Understanding.
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 12 -hour shift
and in excess of four (4) consecutive working days for those on other shifts.
Section 2. Eligibility
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All employees covered by this Memorandum of Understanding shall be eligible to accrue sick
leave.
Section 3. Accrual
A. Sick leave shall be accrued at the rate of ten (10) 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 10 hours per calendar month
for each calendar month that the employee has worked regularly scheduled hours. This new sick
leave bank, established February 4, 1998, cannot be cashed out for disability retirement.
Accumulated sick leave shall not be used to postpone the effective date of retirement as determined
by the City
Section 4. Accumulation and Payment
A. There is no limit on the amount of sick leave that an employee may accumulate.
B. An employee may be paid for unused sick leave pursuant to the following:
1. Employees who have not completed fifteen (15) years of services with the City
will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave
be used to postpone the effective date of retirement as determined by the City.
2. Employees who have completed fifteen (15) years of service with the City shall
be paid for accumulated sick leave in the.lesser- amount of (i) twenty -five percent (25 %) of his
accumulated sick leave at the employee's final hourly rate of 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.
3. Employees employed prior to July 1, 1985, who are retired because of work
related disabilities will be paid all of their accumulated sick leave at their final rate of pay.
Accumulated sick leave shall not be used to postpone the effective date of retirement as determined
by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set
forth in Section 3.B above, and is not eligible for this payout provision.
Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of illness charged to his
accumulated sick leave provided that:
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A. Immediately upon return to duty, the employee submits to his supervisor a written
request for sick leave and a written statement signed by his physician describing the nature and
dates of illness.
B. The Chief of Police recommends and the City Manager approves the granting of such
sick leave.
Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of sick leave
accumulation, the employee may request in writing, to the Chief of Police and City Manager, a
leave of absence without pay for the purpose of recovering from the illness, provided:
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and consideration by the
City Manager, a written explanation of the employee's illness and an estimate of the time needed for
recovery signed by the employee's physician.
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) days. If the employee desires an
extension, he shall follow, prior to the termination of the initial leave, the procedure described in
sub- paragraph 2 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 XII
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 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
23
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.
B. When unusual circumstances merit the extension of the probationary period, the Chief
of Police shall request, in writing, approval of the City Manager. Said extension shall not exceed
one hundred and eighty (180) days. The Personnel Office shall notify the Chief of Police and the
probationer concerned no- less -than two weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the Chief of Police shall
file with the Personnel Office a statement, in writing, that the retention of the employee is desired.
No actions changing an employee's status from probationary to regular full -time shall be made or
become effective until approved by the City Manager.
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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 a more frequent interval 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. Rejection of Probationary Employee
A. During the probationary period an employee may be suspended, demoted, or rejected
anytime by the Chief of Police, with approval of the City Manager, without cause and without right
of appeal, except the right of appeal of punitive action as may be provided by law. Notification of
rejection, in writing, shall be served on the probationary employee and a copy filed with the
Personnel Office. A termination interview may be conducted with each rejected probationer.
B. An- exception -will be.applied- where -the - probationary employee's job termination or
dismissal is based on charges of misconduct which stigmatizes his reputation or seriously impairs
his opportunity to earn a living, or which might seriously damage his standing and association in
the community. Where there is such a deprivation of a "liberty interest ", the employee shall be
given pre - disciplinary procedural due process as defined in the City of Seal Beach Personnel Rules
and Regulations and this Memorandum of Understanding. Prior to the disciplinary action
becoming final, the employee must be notified of his right to the appeal procedure as outlined in
these Rules and Regulations.
ARTICLE XVIII - LAYOFF PROCEDURES
Section 1, Policy
The policy for layoff procedures shall be as adopted in City's Personnel Rules and Regulations.
25
ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
Unit members attending accredited community colleges, colleges, trade schools professional
training programs, conventions, conferences or universities, may apply for reimbursement of one
hundred percent (100 %) of the actual cost of tuition, books, fees or other student expenses for
approved job - related courses. Maximum tuition reimbursement for employees shall be $800 per
calendar year. Reimbursement is contingent upon the successful completion of the course.
Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B"
or better for graduate courses. All claims for tuition reimbursement require prior approval and are
subject to verification and approval by the City Manager. This tuition reimbursement does not
pertain to P.O.S.T. courses attended on duty.
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 B to this Memorandum of Understanding.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall incorporate all prior agreements and memoranda of agreement, or memoranda
of understanding, or contrary salary and/or personnel resolutions or administrative codes, provisions
of the City, oral or written, expressed or implied, between the parties, and shall govern the entire
relationship, and shall be the sole source of any and all rights which may be asserted hereunder.
This Memorandum of Understanding 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
Memorandum of Understanding 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
Memorandum of Understanding 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 Memorandum of Understanding unless
mutually agreed to the contrary by both parties hereto.
ARTICLE XXI - CONCERTED REFUSAL TO WORK
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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
Memorandum of Understanding. 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 Memorandum of
Understanding or applicable ordinance or law.
C. Any employee who participates in any conduct prohibited in subparagraph A. above
may be subject to termination.
D. In addition to any other lawful remedies or disciplinary actions available to the City, if
the Association fails, in good faith, to perform all responsibilities listed in Section 2., Association
Responsibility, below, the City may suspend certain rights and privileges accorded to the
Association under the Employee Relations Resolution or by this Memorandum of Understanding
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 Memorandum of Understanding and unlawful, and they should
immediately cease engaging in conduct prohibited in Section 1. above, Prohibited Conduct, and
return to work.
ARTICLE XXII - EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum
of Understanding or the Personnel Rules and Regulations of the City, which prevent the City's
ability to respond to these emergencies, shall be suspended for the duration of such emergency.
After the emergency is over, the Association shall have the right to meet and confer with the City
regarding the impact on employees of the suspension of these provisions in the Memorandum of
Understanding and any Personnel Rules and Regulations.
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ARTICLE XXIII - SEPARABILITY
Section 1. Should any provision of the Memorandum of Understanding be found to be inoperative,
void or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
ARTICLE XXIV — PERSONNEL RULES AND REGULATIONS
Section 1. The Association and the City have met and conferred regarding presentation for the
approval of the citizens of the City of Seal Beach to abolish the Civil Service Commission from
the City's Charter in the March 2006 election, the Personnel Rules and Regulations are
incorporated herein by reference, and shall govern.
ARTICLE XXV — MOU REOPENERS
Section 1. The Association and the City shall reopen any provision of this MOU for the purpose
of complying with any final order of a Federal or State Agency or Court of competent jurisdiction
requiring a modification or change in any provision or provisions of this MOU, in order to
comply with State or Federal laws.
Section 2. Upon the request of either the City or the Association, this MOU shall be reopened to
discuss retiree medical insurance. Issues to be discussed include the possible implementation of
retiree health savings accounts, compliance with GASB 45 or PERS regulations, voluntary
employee benefit accounts etc.
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding shall commence on July 1, 2005 and
continue in full force and effect through June 30, 2007 - a two 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, 2007.
28
•
ARTICLE XXVII - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratification of the required number of the duly authorized representatives of the
Association. Following such 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
Corporal Steve Chauncey
Date:
Corporal Raul Ahumada
Date:
Officer Mark Risinger
Date:
David H. Swim, D.P.A.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE:
Date:
John Bahorski, City Manager
29
EXHIBIT A
1) Effective July, 2005 (4 %):
Police Officers Association Range 1 2 3 4 5 10+ 20+
Police Officer 50B 4,794 5,034 5,285 5,550 5,827 6,118 6,424
Police Corporal 52A 5,010 5,261 5,524 5,800 6,090 6,394 6,714
2) An amount equal to the increase in the— CPI, all urban consumers LA -Long Beach for the
twelve months ending in April 2006, subject to a minimum increase. Minimum of 3%
and a maximum increase of 5 %.
30
EXHIBIT B
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 doctors release to allow you to participate in the program.
A copy of the physical requirements of the physical fitness program should be reviewed by your
doctor when obtaining your release. For details of the annual physical exam refer to Article XIII
section 6 of the S.B.P.O.A. M.O.U.
TESTING
Each officer participating will be tested every six months, specifically in the months of January
and July. A minimum level has been established for each test. Participants will have to move up
a category or reach maintenance level indicated on each test by age group. At one: year and six
months, participants will be required to be at the maintenance level. Once the maintenance level
has been attained, participants will have to maintain that level on subsequent tests. Testing each
six -month period will.validate -the. awarding of vacation time. Testing may be conducted during
on -duty hours at the Watch Commanders discretion. The Physical Fitness Committee will
perform the testing.
Initial program tests will be conducted in February 1998, June 1998 and December 1998.
ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as set forth in
TESTING above. No employee shall receive any hours if they fail to meet the minimum
standards for at least three of the five tests. For the December 1998 testing only, employees shall
receive eight (8) hours per successfully completed test.
31
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 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.
32
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 +
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
33
muscles of both the chest and upper arm which are important in physical confrontations such as
pushing, pulling, controlling, and handcuffmg.
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 -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.
34
* 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" -5"
35
Adopted by Resolution No.
Adopted 02/13/06
MEMORANDUM OF
UNDERSTANDING
SEAL BEACH PMA
July 1, 2005 -June 30, 2007
Exhibit A
Exhibit B
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, 2005 through and
including June 30, 2007.
Section 2 The Agreement may be extended beyond June 30, 2007 if both parties concur in writing.
ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer - Employee Relations Ordinance No. 769, as
amended, the City has recognized, for the purposed of this Memorandum of Understanding, the
SEAL BEACH POLICE MANAGEMENT ASSOCIATION as the majority representative of the
employees in the bargaining unit, which includes Police Department full -time employees in the
classifications and assignments of Police Sergeant, Police Captain, and the civilian position of
Police Records Supervisor.
Section 2. The City recognizes the Association as the representative of the employees in the
classification and assignment set forth in Section One above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyer - Milias -Brown Act, Government
Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or
other terms and conditions of employment are amended or changed.
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
Page 1 of 29
representatives may utilize not more than six (6) hours per month or seventy -two (72) hours per
year without suffering any loss in pay for such absence for the purpose of meeting with employees
who are members of the Association and/or other offices of the Association.
ARTICLE 3. SALARIES
The following base salary increases shall be provided to employees occupying all classifications
represented by the Association. The base salary increases shall be effective during the first payroll
period commencing during the indicated month of the following years. Retroactivity shall be
applied to all members who are actively employed at the time of the adoption of the agreement by
the City Council of the City of Seal Beach.
1. Effective first payroll period July 2005, a 4% base salary increase.
2. Effective first pay period following July 1, 2006 an amount equal to the increase in
the— CPI, all urban consumers LA -Long Beach for the twelve months ending in
April 2006, subject to a minimum increase. Minimum of 3% and a maximum
increase of 5 %.
ARTICLE 5� EMPLOYEE ORGANIZATIONAL DUES
Section 1. The City will provide voluntary payroll deductions for all members of the Association
for regular and periodic dues and benefit program premiums as specified by agreement between the
City and the Association and signed by the member. The Authorization Form content shall be
mutually agreed to by the Association and the City.
Section 2. The City shall remit such funds to the Association within fifteen (15) days following the
deductions.
ARTICLE 6. Indemnification
The Association agrees to hold the city h less and inde ' the City against any claims, causes
of actions, or lawsuits arising out of the deduc ions or-t .a smittal 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 7. 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
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pursuant to Section 2 of this Article. The sole and exclusive rights of Management, as they are not
abridged by this MOU or by law shall include, but not be limited to, the following rights:
(a) To manage the City generally and to determine the issue of policy;
(b) To determine the existence or nonexistence of facts which are the basis of the Management
decision;
(c) To determine the necessity of organization of any service or activity conducted by the City
and expand or diminish services;
(d) To determine the nature, manner, means and technology and extent of services to be
provided to the public;
(e) Methods of financing;
(f) Types of equipment or technology to be used;
(g) To determine and/or change the facilities, methods, technological means, and size of the
work force by which the city operations are to be conducted;
(h) To determine and change the number of locations, relocations and type of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right to contract or subcontract any work or operation of the City;
(i) To assign work to and schedule employees in accordance with requirements as determined
by the City and to establish and change work schedules and assignments upon reasonable
notice;
(j) To establish and modify productivity and performance programs and standards;
(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 of the Association, the City agrees to meet and confer with representatives of the
Association regarding the impact of the exercise of such rights, unless the matter of the exercise of
such rights is provided for in this MOU or in the Personnel Rules and Regulations, Safety
Resolutions and Municipal Code which are incorporated herein by reference in this MOU. By
agreeing to meet and confer with the Association as to the impact and exercise of any of the
foregoing City rights, Management's discretion in the exercise of these rights shall not be
diminished.
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ARTICLE 8. COMPENSATION PLAN
Section 1. All employees covered by this Memorandum of Understanding shall be included under
the Basic Compensation Plan. Every classification under this plan shall be assigned a salary range
adopted by the City Council. The salary schedule shall consist of five (5) steps within each range.
Section 2. The first step is a minimum rate and is normally the hiring rate for the classification. An
employee may be assigned, upon appointment, to other than normal entering salary step within the
assigned range upon the recommendation of the Chief of Police and approval of the City Manager
when it is decided that such action is in the best interest of the City.
Section 3. The second step in the salary range is a merit adjustment which may be given at the end
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 one (1) year of service at the preceding
step. Each adjustment shall be made subject to the recommendation of the Chief of Police and
approval of the City Manager.
ARTICLE 9. ADVANCEMENT WITHIN SALARY RANGES
Section 1. In order to properly compensate an employee, advancement in salary shall be based on
merit.
Section 2. Advancement in salary shall not be automatic, but shall depend upon increased service
value of the employee to the City.
Section 3. The Chief of Police and/or the employee's immediate supervisor shall be responsible to
evaluate employees fairly in an unbiased fashion for the determination of job performance.
Advancement shall be made only upon recommendation of the Chief of Police with approval of the
City Manager.
Section 4. An employee must be reviewed at least once every twelve (12) months from the
effective date of 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 from recommending a special performance advancement in
salary at any time when unusual or outstanding achievement has been demonstrated.
ARTICLE 10. SALARY INCREASES FOLLOWING PROMOTION
Section 1. Promotional Appointment — When an employee is promoted to a position with a higher
Page 4 of 29
salary range, the employee shall be compensated at a step of the salary range assigned to the new
position that is closest to providing a 5% salary increase over the base salary received prior to
promotion.
Section 2. Temporary Appointment — In special circumstances, when in the best interest of the
City, the City Manager may approve a temporary assignment of an employee to higher -level
classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more,
the employee shall be compensated at a step of the salary range assigned to the new position that is
closest to providing a 5% salary increase over the base salary received prior to the temporary
appointment.
ARTICLE 11. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee in the department to a classification with a lower
maximum salary, such employee shall be assigned to the appropriate salary step in the new
classification as recommended by the Chief of Police and approved by the City Manager. The
employee shall retain his/her previous anniversary date.
ARTICLE 12. ADJUSTMENT OF SALARY RANGES
When a salary range for a given classification is revised upward or downward, the incumbents of
positions and classifications affected shall have their existing salary adjusted to the same relative
step in the new salary range and their anniversary date shall not be changed.
ARTICLE 13. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shall forfeit all rights,
privileges and salary, except he shall not forfeit his medical health plans including dental,
retirement plan, disability insurance, or life insurance. Should such suspension be later modified or
revoked, the employee shall be entitled to receive payment for loss of income and benefits during
the period of suspension.
ARTICLE 14. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance — Whether or not said sworn employee wears a traditional uniform,
each member shall receive an annual uniform allowance of eight hundred dollars ($800).
Section 2. Safety Equipment — The City shall provide the initial issue of uniforms to include two
(2) pants and two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other
safety equipment as required by law or deemed necessary by the City. The City shall replace and/or
repair any equipment damaged within the course and scope of the employee's employment.
Recurring maintenance, repair and/or replacement due to normal wear shall be responsibility of the
employee.
ARTICLE 15. COURT TIME
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Section 1. An employee called for a subpoenaed court appearance which arises out of the course of
his/her employment and not contiguous with his work shift shall be compensated for a minimum of
two- and - two - thirds (2 -2/3) hours at the rate of one and one -half (1 -1/2) times the employee's
regular hourly rate of pay. Should the appearance exceed two and two -third hours, the employee
shall receive pay for the actual appearance time, excluded court designated lunch period, at the rate
of one and one -half 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 -third minimum.
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 hours pay at the employee's straight time hourly rate for any on -call
time prior to 12:00 noon and two hours for all on -call time after the hour of 12:00 noon.
ARTICLE 16. CALL -BACK
Employees who are called back to duty after having completed a normal shift or work day
assignment and departing from the work premises shall be paid one - and -one half (1 -1/2) times the
employee's regular straight time hourly rate for each hour worked on call -back. Call -back time
shall commence from the time the employee is called back to service.
ARTICLE 17. STAND -BY PAY
Section 1. Police Sergeant(s) may be assigned by the Chief of Police to "stand -by" status.
Section 2. Police Sergeants required to be on stand -by shall receive eight (8) hours of
compensatory time off per month. During any such month where the individual carries a pager or
mobile phone for less than the entire month, the number of compensatory time off hours shall be
reduced in an amount reflecting the pro -rated monthly time during which said employee is expected
to be "on call." Such compensatory time off hours shall be maintained as "Personal Holiday" time
and be credited to the employee's Floating Holiday /Administrative Leave bank. Any compensatory
time off (Personal Holiday) hours earned in accord in this Section, and not utilized by June 30 of
any fiscal year shall be forfeited and not converted to cash.
ARTICLE 18. MOVIE DETAIL
Effective the first day of the pay period following the approval and adoption of this MOU by the
City Council, Association members shall be paid sixty dollars ($60) per hour for outside movie
details. In is understood that time spent on movie detail is brokered outside work and is not
considered time worked for the purpose of calculation City overtime compensation.
ARTICLE 19. EXPERIENCE PAY
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Section 1. Qualified employees of the Association, hired before January 1, 1992, 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 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 designee, or an individual acting in the capacity of the Chief of Police.
The recommendation of Experience Pay is subject to verification and approval by the City Manager.
Section 3. Experience pay — Ten (10) Years of Service — After ten (10) years of service,
experience pay shall be paid at a rate of five percent (5 %) of the qualified employee's base salary.
Section 4. Experience pay — Twenty (20) Years of Service — After twenty (20) years of service,
experience pay shall be paid at a rate of ten percent (10 %) of the qualified employee's base salary.
ARTICLE 20. EDUCATION INCENTIVE PAY
Section 1. 45 Semester Units of College Credits— Effective the first payroll period of January
2006, employees covered by this section who have completed 45 semester units of credit from an
accredited college or university with at least 16 units in the field of Police Science shall receive
$110 per month in addition to his/her monthly base salary.
Section 2. 60 Semester Units of College Credits or Intermediate P.O.S.T. Certification -
Effective January 2006, employees covered by this section who have completed 60 semester units
of credit from an accredited college or university with at least 19 units in the field of Police Science
or have attained a P.O.S.T. Intermediate Certificate shall receive $190 per month in addition to
his/her monthly base salary.
Section 3. BA/BS Degree or Advanced P.O.S.T. Certification - Effective January 2006,
employees covered by this section who have completed BA/BS Degree from an accredited college
or university with at least 22 units in the field of Police Science or have attained a P.O.S.T.
Advanced Certificate shall receive $295 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; i.e., employees with an Associate or
Bachelor's degree will receive compensation for the Bachelor's degree only.
Section 5. Employees receiving Education Incentive pay shall not lose that pay if he /she is
promoted to a classification which required the education for which the employee is receiving the
additional pay. If the minimum educational requirements are lawfully changed during the term of
the Memorandum of Understanding, employees receiving an education incentive pay will not be
affected by such change and will not result in any loss of such incentive pay.
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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 21. TUITION REIMBURSEMENT
Association members attending accredited community colleges, universities, professional training
programs, conventions, conferences, and trade schools may apply for reimbursement of one
hundred percent (100 %) of the actual cost of tuition, books, fees, or other student expenses for
approved job - related course. Maximum tuition reimbursement for employees shall be $800 per
calendar year. Reimbursement is contingent upon the successful completion of the course.
Successful completion means a grade of "C" or better for undergraduate courses and a grade of `B"
or better for graduate courses. Certificates of attendance /completion will suffice for conventions &
conferences. All claims for tuition reimbursement require prior approval and are subject to
verification and approval by the City Manager.
ARTICLE 22. 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 B to this Memorandum of Understanding.
ARTICLE 23. TRAINING PROGRAMS
Section 1. The City shall pay reasonable expenses incurred by employees attending approved
training programs. Expenses include registration fees and the costs of purchasing required course
materials, travel to and from the training course, meals and lodging shall be reimbursed per the
City's adopted Per Diem policy.
Section 2. Employees attending City approved P.O.S.T. training programs requiring an overnight
stay(s) will receive a per diem allowance or provided as prescribed by P.O.S.T.
Section 3. When an employee is sent by the City to a training program which is not a part of 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 24. HOLIDAYS
Section 1. Recognized Holiday — For pay purposes, the following holidays are recognized on the
dates listed or as they are recognized by Federal employees that calendar year:
New Year's Day (January 1)
Independence Day (July 4)
Thanksgiving Day (Fourth Thursday in November)
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Christmas Day (December 25)
Section 2. Floating Holiday — Floating holidays may be individually selected by the employee
subject to the approval of the Chief of Police. Floating holidays may be selected as follows: Patrol
— Any federally recognized holiday or the day after Thanksgiving or the employee's birthday,
excluding Memorial Day or Labor Day. Administrative/Investigations — Any federally
recognized holiday, day after Thanksgiving or the employee's birthday.
Section 3. Holiday Compensation — Employees covered by this Memorandum of Understanding
shall be entitled to one hundred twenty (120) compensated holiday hours per calendar year.
Section 4. Compensation for holidays will be paid on a monthly basis at a monthly rate of 1 /12
Section 5. Employees who work on a designated recognized holiday shall earn, at the straight time,
a corresponding number of hours to hours worked on said holiday. The employee may choose to be
compensated as time off, pay, or Compensatory Time Off. Hours earned as `Personal Holiday"
hours will be credited to the Floating Holiday /Administrative Leave bank.
ARTICLE 25. 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 Memorandum of Understanding,
unless otherwise specified within this Memorandum of Understanding.
ARTICLE 26. 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 Memorandum of Understanding, provided that the benefits of the employees and
affected retirees shall be no less than those in existence as of implementation of this Memorandum
of Understanding.
ARTICLE 27. FRINGE BENEFIT LIMITS
Section 1. City shall not pay premium or accrue any fringe benefits afforded with this
Memorandum of Understanding for any employee on unpaid leave status, for more than fourteen
(14) consecutive days, unless specifically provided for within this Memorandum of Understanding,
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
Memorandum of Understanding 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 Memorandum of Understanding.
ARTICLE 28. FRINGE BENEFIT CHANGES
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If, during the term of this Memorandum of Understanding, 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 29. HEALTH AND DENTAL INSURANCE
Section 1. Effective January 2006, for the employees covered by the terms of this Memorandum of
Understanding, upon having completed thirty (30) days of uninterrupted service, the City shall pay
up to the following amounts for health and dental insurance:
Single Coverage $502.00
Two -Party Coverage $751.00
Family $935.00
Effective January 2007, the above cap shall be increased by average percentage increase of plan in
Orange County. The percentage is determined by Ca1PERS and published in the PERS PEMHCA
Circular Letter issued each year under basic plans.
Section 2. For employees covered by the terms of this Memorandum of Understanding, upon
having completed thirty (30) days of uninterrupted service, the City shall pay an additional
contribution towards dental insurance:
Single Coverage $16
Two -Party Coverage $30
Family Coverage $48
Section 3. Subject to Public Employees' Retirement System (PERS) administration requirements,
the City shall make available to eligible employees participation in the group medical plan offered
by PERS.
Section 4. Employees who elect to waive enrollment in medical and dental coverage may receive
$250 per month, upon providing proof of health insurance coverage under an alternative plan to the
Personnel Department.
ARTIC 31. IFE INSURANCE
The City shall pay one hundred percent (101' o) of the premium for a term life insurance policy with
a face value of $37,000, double indemnity accidental death and dismemberment (AD &D), and a
dependent death benefit in the amount of one thousand dollars ($1,000) per dependent.
ARTICLE 32. 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
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percent (66 2/3 %) of the employee's monthly base salary, subject to caps and eligibility
requirements as set forth within the policy of the accepted carrier. Modifications to the plan shall
be made only after the City has met and consulted with the Association and such modification made
a part of the Memorandum of Understanding.
ARTICLE 33. SECTION 125 PLAN
The City will provide a Section 125 Plan (pre -taxed deduction) for health, dental and child care
expenses. This plan will allow for payroll deduction from the employee's salary as designated by
the employee for the purpose of participation. The maximum contributable dollar amount and plan
year length is administered and determined by the Personnel Department at the direction of the City
Manager.
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:
New Employee 2 " year following appointment
Employee under 40 Alternate- •�
Employee 40 & Over Every e4r
ARTIC E 35. t TIREMENT
Section 1. The City shall make contribution sr the public safety personnel covered by this
Memorandum of Understanding to the PERS plan known as three percent at 50 (3 % @50) with
those benefit options as provided for in the contract between the City and PERS. Modification(s) to
the contract shall be made only after the City has met and conferred with the Association and such
modification(s) made a part of the contract between the City and PERS consistent with the
requirements of PERS.
Section 2. The City shall pay all the employees' contribution to their retirement plan and place it in
the employees' individual PERS retirement accounts.
ARTICLE 36. 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 336 continuous hours (14 consecutive days). All full -time law enforcement personnel
shall be regularly assigned one of the following work schedules:
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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.
Section 2. Reporting to California Public Employees Retirement System (PERS) - All regular
hours worked, regardless of work schedule, shall be reported to PERS.
ARTICLE 37. — OVERTIME COMPENSATION
Section 1. Overtime Defined
A. Three- Twelve Work Week
Time worked in excess of eighty -six hours in a FLSA work period as defined in Article 36,
Section 1.A.1. and time worked on scheduled days off.
B. Four -Ten Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article 36 Section
1.A.2.
C. Five -Eight Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article 36 Section
1.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 base monthly pay rate.
B. In computing overtime for a regular work week or work period, time absent from duty as a
result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as time
deemed to have been worked.
C. If members regular work schedule in any 14 -day FLSA cycle is less than 86 hours, they will
be paid overtime for those hours worked above their regular work schedule.
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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 14 days (one payroll cycle), and file a written request with the
Chief of Police. The Chief shall grant compensatory time off based on departmental manpower
needs. If an employee fails to provide 14 days (one payroll cycle) advance notice to the Chief, the
Chief shall consider the request for compensatory time off and has discretionary authority to grant
or deny the request.
B. Employees shall be permitted to accumulate a maximum of seventy -five (75) hours of
compensatory time. An employee who accumulates an excess of seventy -five (75) hours of
compensatory time will be reimbursed within the pay period earned for that amount in excess of
seventy -five (75) hours.
C. An employee may, upon written request submitted to and approved by the City Manager,
receive reimbursement for the requested number of hours of accrued compensatory time below the
cap of seventy -five (75) hours. Reimbursement shall occur with the next regular payroll following
the pay period in which the employee's written request has been approved by the City Manager.
Section 4. Approval for Overtime - In order for an employee to earn compensation for overtime,
he /she must receive a supervisor's or the Chief of Police's approval. Overtime worked to meet an
emergency situation does not require advance approval, but shall be certified by the Chief of Police
before being credited to the employee's record.
ARTICLE 38. VACATION
Section 1. Eligibility — All permanent full -time employees having completed one (1) year of
continuous service- with -the department and annually thereafter, shall be eligible for a paid vacation
at their current rate of pay.
Section 2. Accrual — Vacation hours are accrued as follows:
A. Vacation leave is accumulated yearly and is computed on the basis of the employee's
hire date as a regular full -time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the date of initial
employment as a full -time probationary or permanent employee to the anniversary date concluding
the full year of the designated year.
C. All eligible unit employees hired after February 1, 1998, will accrue vacation leave by
the following schedule:
Max Hourly Accrual Annual
Years of Svc Hours Earned Rate/Pay Period Bi- Weekly Vacation Hours
0 -5 Years 80 3.0769 80 hours
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6 -14 120 4.6153 120 hours
15+ 160 6.1538 160 hours
D. An eligible employee hired prior to 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 or more 6.154 160 hours
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of the amount accrued in the thirty
(30) months immediately preceding the employee's anniversary date of employment. 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.
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.
Section 4. Use of Vacation — Vacation is granted as follows:
A. The time at which an employee's vacation is to occur shall be determined by the Chief of Police
with due regard for the wishes of the employee and particular regard for the needs of the service.
B. Employees who have completed five (5) years or more of continuous service may elect to be
paid for up to a maximum of forty (40) hours of accrued vacation on an annual basis provided that
forty (40) or more hours have been taken as vacation time off during the course of the prior twelve
(12) months. Request for payment shall be made thirty (30) days prior to the employee's
anniversary date of employment or in conjunction with a vacation request of forty (40) or more
hours.
Section 5. Vacation Payment at Termination — Employees terminating employment shall be paid
in a lump sum for all accrued vacation leave no later than the next regular payday following
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termination. If the termination is due to death of the employee, the employee's beneficiary
designated on the City's life insurance policy form in the employee's personnel file shall receive the
employee's pay for unused vacation. In the event an employee has not designated a beneficiary, the
payment shall be made to the estate of the employee.
Section 6. Vacation Accrual During Leave of Absence — No vacation leave shall be earned
during any leave of absence without pay for each fourteen (14) day period (pay period) of such
leave.
Section 7. Prohibition Against Working for City During Vacation — Employees shall not work
for the City during his/her vacation and, thereby receive double compensation from the City.
ARTICLE 39. 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, after notice to return to duty, the employee shall be
reinstated to the position held at the time leave was granted. Failure on the part of the employee to
report promptly at such leave's expiration and receipt of notice to return to duty, shall be cause for
discharge.
D. During any authorized leave of absence without pay, an employee shall not be eligible to
accumulate or receive fringe benefits except as specifically provided for in this Memorandum of
Understanding, except that the City shall contribute to an employee's medical and dental health
plan, disability insurance plan, life insurance plan for the first thirty (30) days of the leave of
absence.
ARTICLE 40. UNAUTHORIZED LEAVE OF ABSENCE
Unauthorized leave of absence are days, or portions of days, wherein an employee is absent from
work without City approval. Unless subsequently approved, such absence will result in a deduction
from the employee's pay of an amount equivalent to the time absent. Employees taking
unauthorized leave of absence may be subject to disciplinary action, up to and including termination
of employment.
ARTICLE 41. BEREAVEMENT LEAVE
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Employees may be granted up to forty (40) hours of bereavement leave of absence by reason of a
death in their immediate family which shall be restricted and limited to father, mother, step - mother,
step - father, brother, sister, spouse, child, step - child, grandmother, grandfather, mother -in -law,
father -in -law, or all degree of relatives not listed but living within the household of the employee.
ARTICLE 42. MILITARY LEAVE OF ABSENCE
Section 1. Military leave shall be granted in accordance with the provisions of State law. All
employees entitled to military leave shall give the Chief of Police an opportunity within the limits
of military regulations to determine when such leave shall be taken. Whenever possible, the
employee involved shall notify the Chief of Police of such leave request ten (10) working days in
advance of the beginning of the leave.
Section 2. In addition to provisions of State law, the City shall continue to provide eligible
employees on military leave the current health benefits (medical, dental, disability, and life
insurance) and retirement (if applicable) for the first three (3) months of military leave. During said
period, the employee shall be required to pay for the City the same co- payments as required of other
employees. After the first three (3) months of military leave, the employee may continue said
benefits at his cost.
ARTICLE 43. PREGNANCY DISABILITY LEAVE OF ABSENCE
Section I . An employee who is disabled due to pregnancy shall be granted a pregnancy disability
leave for a minimum of three (3) months provided that a lesser period may be granted upon request
of the employee.
Section 2. Pregnancy Disability Leave (PDL) runs concurrently with FMLA and CFRA leave.
Sections 3. Disability arising out of pregnancy shall be treated the same as other temporary
disabilities in terms of eligibility for sick leave with or without pay, extended sick leave, or
accumulated sick leave.
Section 4. Employees are encouraged to report the existence of pregnancy. Where the nature of the
duties performed is hazardous or burdensome, the employee may be required to submit medical
evidence as to fitness for the performance of duties of the position.
Section 5. Employee shall be placed on medical leave when the employee's physician states that
medical disability would interfere with the performance of the duties of the position or continuing
work would be hazardous. Should disagreement arise between the Chief of Police and the
employee's physician as to the hazardous nature of the job or the ability of the employee to perform
the usual and customary duties of the position, a physician representing the City, to the extent
protected by law, will resolve the conflict.
Section 6. Following childbirth and upon release from medical treatment for the disability resulting
from the pregnancy, the employee must submit a medical statement of fitness to perform the duties
of the position to the Personnel Department. At that time, a determination will be made for a return
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to work date with reinstatement to be accomplished as expeditiously as is reasonably practicable.
ARTICLE 44. 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 45. SICK LEAVE
Section 1. General Sick Leave Provisions — Sick leave may be accrued and used as follows:
A. All employees covered by this Memorandum of Understanding shall be eligible to accrue sick
leave.
B. Sick leave shall be accrued at the rate of ten (10) 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.
C. Employees hired prior to July 1, 1985, will be place into a newly established sick leave bank at
the rate of 10 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.
D. Sick leave shall be used only cases of actual personal sickness or disability, medical or dental
treatment, family leave or as authorized by the City Manager under special circumstances. The
employee requesting sick leave shall notify his immediate supervisor or the Chief of Police prior to
the time set for reporting for work. Sick leave with pay shall not be allowed unless the employee
has met and complied with the provisions of this Memorandum of Understanding.
E. 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.
F. 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 12 -hour shift and in excess of
four (4) consecutive working days for those on other shifts.
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Section 2. Sick Leave Accumulation and Payment — Sick leave shall be accumulated and
compensated as follows:
A. There is not limit on the amount of sick leave that an employee may accumulate.
B. Employees who have not completed fifteen (15) years of service 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.
C. Employees who have completed fifteen (15) years of service with the City shall be paid for
accumulated sick leave in the lesser amount of (i) twenty -five percent (25 %) of his accumulated
sick leave at the employee's final hourly rate of 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.
D. Employees employed prior to July 1, 1985, who are retired because of work related disabilities
will be paid all of the accumulated sick leave at their final rate of pay. Accumulated sick leave shall
not be used to postpone the effective date of retirement as determined by the City. Any sick leave
accrued after February 4, 1998 will be placed in the sick leave bank set forth in this article, Section
1, C. above, and is not eligible for this payout provision.
Section 3. 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 4. 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.
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D. The maximum period of such leave shall be ninety (90) days. If the employee desired an
extension, he /she shall follow, prior to the termination of the initial leave, have results of the
employee's physician examination considered by the City Manager in determining the employee's
fitness to return to work.
ARTICL CATASTROPHIC LEAVE
Section 1. Establishment — In a side letter agreement between the City and the Association signed
on August 8, 2005, a Catastrophic Leave Program for the Association was established which allows
donation of paid time for members of the Association.
Section 2. Purpose — The purpose of the Catastrophic Leave Pool is to enable full -time employees
to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits
on an hour for hour basis to assist employees who have no remaining bank balances and who will
suffer a 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.
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 required
medical justification as evidenced by a Physician's Statement that the presence of the employee is
necessary.
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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 condition.
ARTICLE 48. FAMILY LEAVE (FMLA/CFRA)
Family Leave ( FMLA/CFRA) request procedures are established by City Manager Administrative
Directive, Section 200 -21 and are incorporated herein by reference, and shall govern.
ARTICLE 49. ON- THE -JOB INJURY
Sworn employees who are disabled by injury or illness arising out of and in the course of their
duties as public safety employees of the City shall be entitled to the benefits of California Labor
Code, Section 4850, as the Section now exists or is hereinafter amended. Any payment made
pursuant to this section shall not charged as sick leave; sick leave and vacation benefits shall accrue
during the period of disability pursuant to the provisions of California Labor Code, Section 4850.
ARTICLE 50. 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 51. PERSONNEL RULES AND REGULATIONS
Section 1. The Association and the City have met and conferred regarding presentation for the
approval of the citizens of the City of Seal Beach to abolish the Civil Service Commission from the
City's Charter in the March 2006 election, the Personnel Rules and Regulations are incorporated
herein by reference, and shall govern.
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 52. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period — Regular full -time appointment is granted
as follows:
A. The original appointment and promotional appointment of employees shall be tentative and
subject to a probationary period of twelve (12) months of service.
B. When unusual circumstances merit the extension of the probationary period, the Chief of Police
shall request in writing for the approval of City Manager. Said extension shall not exceed one
hundred and eighty (180) days. The Personnel Department shall notify the Chief of Police and the
probationer concerned no -less -than two weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the Chief of Police shall file
with the Personnel Department a statement in writing that the retention of the employee is desired.
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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 a more frequent interval 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.
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 53. 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 54. MOU REOPENERS
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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.
Section 2. Upon the request of either the City or Association, this MOU shall be reopened to
discuss retiree medical insurance. Issues to be discussed include the possible implementation of
retiree health savings accounts, voluntary employee benefit accounts, etc.
ARTICLE 55. CELL PHONES
Effective January 2006 all members of the Association will receive a $75.00 per month cell phone
allowance. Members will provide their own phone /plan for use on City business.
ARTICLE 56. 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.
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 57. EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national emergency or similar circumstances if the City Manager
or his designee so declares, any provisions of this MOU or the Personnel Rules or Resolutions of
the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the
duration of such emergency. After the emergency is declared over, the Association shall have the
right to meet and confer with the City regarding the impact on employees of the suspension of these
provisions in the MOU and any personnel rules and policies.
ARTICLE 58. SEPARABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a court of
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competent jurisdiction, all other provisions of this MOU shall remain in full force and effect.
ARTICLE 59. 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 60. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City Council and
ratified of the required number of duly authorized representatives of the Association. Following
such approval and adoption, the Memorandum of Understanding shall be implemented by the
appropriate resolution(s), ordinance(s), or other written action of the City Council.
For the City: For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:
Date: Date:
Sergeant Ron LaVelle
John B. Bahorski, City Manager
Date:
Sergeant Robert Mullins
Date:
Sergeant Tim Olson
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EXHIBIT A
•
1) Effective July, 2005 0/ ):
Police Management Range 1 2 3 4 5 10+ 20+
Police Sergeant 6113 6,291 6,606 6,936 7,283 7,647 8,029 8,431
Police Captain 70E 7,974 8,373 8,791 9,231 9,692 10,177 10,686
Police Records Supe sor 44B 4,134 4,341 4,558 4,786 5,025 5,276 5,540
2) Effective July, 2006
An amount equal to the increase in the— CPI, all urban consumers LA -Long Beach for the
twelve months ending in April 2006, subject to a minimum increase. Minimum of 3% and a
maximum increase of 5 %.
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EXHIBIT B
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 doctors release to allow you to participate in the program. A
copy of the physical requirements of the physical fitness program should be reviewed by your
doctor when obtaining your release. For details of the annual physical exam refer to Article XIII
section 6 of the S.B.P.O.A. M.O.U.
TESTING
Each officer participating will be tested every six months, specifically in the months of January and
July. A minimum level has been established for each test. Participants will have to move up a
category or reach maintenance level indicated on each test by age group. At one: year and six
months, participants will be required to be at the maintenance level. Once the maintenance level has
been attained, participants will have to maintain that level on subsequent tests. Testing each six
month period will validate the awarding of vacation time. Testing may be conducted during on -duty
hours at the Watch Commanders discretion. The Physical Fitness Committee will perform the
testing.
Initial program tests will be conducted in February 1998, June 1998 and December 1998.
ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as set forth in
TESTING above. No employee shall receive any hours if they fail to meet the minimum standards
for at least three of the five tests. For the December 1998 testing only, employees shall receive
eight (8) hours per successfully completed test.
PHYSICAL FITNESS COMMITTEE
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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 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
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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 +
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
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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 -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
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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" -5"
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