HomeMy WebLinkAboutCC AG PKT 2010-11-08 #D AGENDA STAFF REPORT
DATE: November 8, 2010
TO: Honorable Mayor and City Council
THRU David N. Carmany, City Manager
FROM: Jill R. Ingram, Assistant to the City Manager
SUBJECT: MEMORANDA OF UNDERSTANDING (MOU's)
BETWEEN THE CITY OF SEAL BEACH AND THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
AND THE SEAL BEACH POLICE MANAGEMENT
ASSOCIATION
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6054 Approving the Memoranda of
Understanding (MOU's) Between the City of Seal Beach and the Seal Beach
Police Officers Association and the Seal Beach Police Management Association,
and Enumerating Classification and Compensation as of July 1, 2010.
BACKGROUND:
The City, the Seal Beach Police Officers Association, and the Seal Beach Police
Management Association met jointly and collectively bargained in good faith and
the terms and conditions of a tentative agreement were reached on September 1,
2010. Representing the City were City Manager David Carmany, Administrative
Services Director Robbeyn Bird, Assistant to the City Manager Jill Ingram, and
Chief of Police Jeff Kirkpatrick. Based upon such collective bargaining, the City
and the Seal Beach Police Officers Association (SBPOA) and Seal Beach Police
Management Association (SBPMA) drafted a Memorandum of Understanding for
each respective group.
Because pay and benefits make up the largest share of most local governments'
expenditures, a close eye must be kept on the costs. The challenge is to
manage employee compensation within the confines of limited budgets. The
memoranda of understanding attached to Resolution No. 6054, respectively,
incorporate the terms and conditions of the agreements. The SBPOA and
SBPMA have accepted the terms, conditions and provisions set forth in each
MOU respectively, and authorized representatives have executed the MOUs
accordingly. Each MOU has a term of July 1, 2010 through June 30, 2013.
Agenda Item D
Page 2
The Seal Beach Police Officers Association is representative of full -time
employees in the following classifications:
1. Police Corporal (3)
2. Police Officer (19)
The Seal Beach Police Management Association is representative of full -time
employees in the following classifications:
1. Police Sergeant (6)
2. Police Lieutenant (1)
3. Police Captain (1)
4. Police Records Supervisor (1) (non -sworn position)
Highlights of the terms of the new MOUs attached to Resolution No. 6054 in
Attachment A are as follows:
Al Article IX (SBPOA) & Article 33 (SBPMA) — Section 1. California operates the
CaIPERS retirement system. Demographic changes present challenges to
retirement systems. Longer life spans and early retirement place strains on
the funds. The City will contract with Cal PERS for a 2 -tier retirement plan
known as "2% at 50" for public safety employees hired on or after the
effective date of the plan. Like health care, local government pensions
represent one of the most costly employee benefits. The estimated
percentage of payroll for the "2% at 50" plan is approximately 15.555% of
payroll vs. approximately 20.66% of payroll for the "3% at 50" plan (excluding
9% employee portion paid by the City).
Al Article XII ( SBPOA) & Article 23 (SBPMA) — Section 2. The City will
recognize 2 floating holidays each year (vs. 3 floating holidays that were
agreed upon through 4/13/09 side letter agreements).
Article VI — Section 8 (SBPOA) & Article 18 — Section 5 (SBPMA). Any unit
employee with 25 years of Seal Beach service would receive additional 5%
longevity pay (non - cumulative). Presently 5% at 10 years of service and 5%
at 20 years of service, including all public safety service from previous
agencies).
-4 Article XIII — Section 2 (SBPOA) & Article 36 — Section 3 (SBPMA). Unit
employees would reach annual 200 hours accrued vacation at 20 years of
service (presently at 25 years of service).
1 Article VI — Section 11 (SBPOA) & Article 13 — Section 4 (SBPMA). All unit
employees currently employed on the effective date of the MOUs will receive
Page 3
a one -time cash payment of $1,000 in lieu of a salary increase in Fiscal Year
2010 -11.
4 Article VIII — Section 1 ( SBPOA) & Article 28 — Section 1 (SBPMA). All unit
employees will receive additional monthly flex dollar allowance for health care
coverage as follows:
$100 /month additional health care contribution effective January 1, 2011.
$200 /month additional health care contribution effective January 1, 2012.
$200 /month additional health care contribution effective January 1, 2013.
Calendar Year 2010 2011 2012 2013
For single employees: $550 $650 $850 $1,050
For employee + 1 dependent: $850 $950 $1,150 $1,350
For employee + 2 or more
dependents $1,100 $1,200 $1,400 $1,600
•
41 Article V — Section 7 ( SBPOA) & Article 3 — Section 1 ( SBPMA). All unit
employees will receive salary increases as follows:
Fiscal Year 2010 -11 $1,000 one -time cash payment only
Fiscal Year 2011 -12 Minimum 2 %- Maximum 5% based upon CPI
Fiscal Year 2012 -13 Minimum 2 %- Maximum 5% based upon CPI
Of significance in this endeavor is that most public agencies have negotiated or
are finishing negotiations on reductions in employee total compensation
packages. It has been estimated that more than 25% of the reductions California
public agencies negotiated last year were permanent, and not snap -backs such
as furloughs. One implication of this change is greater personal responsibility for
retirement planning. As such, employees have a material vested interest in the
long -term financial integrity of the retirement system. No one pension plan
should be expected to provide for 100% of an individual's post- retirement
replacement income. Employees are expected to utilize personal savings
accounts and other sources of income during retirement. A suitable pension plan
is one that incorporates employees' use of personal income and post- retirement
needs into the benefit formula to enable a full- career public employee to
substantially maintain his or her lifestyle.
The higher pension formula multipliers that were authorized by legislation in 1999
(SB 400) and thereafter (3% at age 50, 2.7% at age 55, etc.) could exceed the
level of replacement income recommended by financial planners (75 to 85%
replacement income) for a full- career public employee, and long -term, the "3% at
age 50" formula was financially unsustainable for the City of Seal Beach.
Therefore, the "2% at age 50" formula multiplier that will apply to new hires on or
Page 4
after the effective date of the new CaIPERS contract will ensure long -term fiscal
sustainability for the City.
This item was previously agendized for the September 13, 2010 City Council
meeting, however it was continued to the October 11, 2010 City Council meeting
to allow additional time for provision of an in -depth fiscal analysis of major
agreement terms with an itemized breakdown for each respective MOU by fiscal
year. Subsequently, Mayor Sloan continued this item without discussion at the
October 11, 2010 City Council meeting to the October 25, 2010 City Council
meeting for discussion in Closed Session.
FISCAL IMPACT:
Budget Amendment No. 11 -04 -01 (Agenda Item "F") is requesting an increase in
appropriation for $60,500.
An analysis of the total estimated fiscal impact for FY 2010 -11, 2011 -12, and
2012 -13 for the POA and PMA is attached.
LEGAL REVIEW:
The City Attorney drafted and reviewed the Memorandums of Understanding for
both the Seal Beach Police Officers Association and the Seal Beach Police
Management Association, and has approved the documents as to form.
RECOMMENDATION:
That the City Council adopt Resolution No. 6054, Approving the Memoranda of
Understanding (MOU's) Between the City of Seal Beach and the Seal Beach
Police Officers Association and the Seal Beach Police Management Association,
and Enumerating Classification and Compensation as of July 1, 2010.
SUBMITTED BY: NOTED AND APPROVED:
AI 12. t tI
A Ingram . David N. Carmany
• ssistant to the City anager City Manager
Attachments:
Fiscal Impact Analysis
A. Resolution No. 6054 (including signed MOU's)
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RESOLUTION NUMBER 6054
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEMORANDUMS OF UNDERSTANDING
(MOUs) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL
BEACH POLICE OFFICERS ASSOCIATION AND THE SEAL
BEACH POLICE MANAGEMENT ASSOCIATION, AND
ENUMERATING CLASSIFICATION AND COMPENSATION AS
OF JULY 1,2010
WHEREAS, the City and the Seal Beach Police Officers Association and the
Seal Beach Police Management Association met jointly and collectively
bargained in good faith and reached an agreement on Wednesday, September 1,
2010; and
WHEREAS, the City Council gave authority to the City Manager to place the
proposed MOUs on the agenda of the meeting of September 13, 2010 for City
Council action; and
WHEREAS, the contracts between the City and the Associations are for the time
period of July 1, 2010 — June 30, 2013.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal
Beach hereby approves the Memoranda of Understanding (MOUS) between the
City of Seal Beach and the City Beach Police Officers Association and the Seal
Beach Police Management Association.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 8th day of November , 2010 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6054 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 8th day of November , 2010.
City Clerk
SEAL BEACH POLICE MANAGEMENT
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
FISCAL YEARS
2010 -2013
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EXPIRES ON JUNE 30, 2013
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE 1. TERM OF AGREEMENT 1
Section 1. 1
Section 2. 1
ARTICLE 2. RECOGNITION AND MEMBERSHIP 1
Section 1. 1
Section 2. 1
Section 3. 2
ARTICLE 3. SALARIES 2
1) Effective the first payroll period in July 2011 2
2) Effective the first payroll period in July 2012 2
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES 3
Section 1. 3
Section 2. 3
ARTICLE 5. INDEMNIFICATION 3
ARTICLE 6. CITY RIGHTS 3
Section 1. 3
Section 2. 4
ARTICLE 7. COMPENSATION PLAN 4
Section 1. 4
Section 2. 4
Section 3. 4
Section 4. 4
ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES
5
Section 1. 5
Section 2. 5
Section 3. 5
Section 4. 5
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION 5
Section 1. 5
Section 2. 5
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION 5
ARTICLE 11. ADJUSTMENT OF SALARY GRADES 6
ARTICLE 12. SALARY AND BENEFITS SUSPENSION 6
ARTICLE 13. SPECIAL PAY PROVISIONS 6
Section 1. Uniform Allowance 6
Section 2. Safety Equipment 6
Section 3. Deferred Compensation 6
Section 4. Cash Payment 6
ARTICLE 14. COURT TIME 7
Section 1. 7
Section 2. 7
Section 3. 7
ARTICLE 15. CALL-BACK 7
Section 1. 7
Section 2. 7
ARTICLE 16. STAND-BY PAY 7
Section 1. 7
Section 2. 7
ARTICLE 17. MOVIE DETAIL 8
Section 1. 8
ARTICLE 18. EXPERIENCE PAY 8
Section 1. 8
Section 2. 9
Section 3. 9
Section 4. 9
Section 5. 9
Section 6. 9
Section 7. 9
Section 8. 9
Section 9. 9
Section 10. 9
Section 11. 10
ARTICLE 19. EDUCATION INCENTIVE PAY 10
Section 1. 10
Section 2. 10
Section 3. 10
Section 4. 10
Section 5. 10
Section 6. 11
Section 7. 11
ARTICLE 20. TUITION REIMBURSEMENT 11
ARTICLE 21. PHYSICAL FITNESS PROGRAM 12
ARTICLE 22. TRAINING PROGRAMS 12
Section 1. 12
Section 2. 12
ARTICLE 23. HOLIDAYS 12
Section 1. 12
Section 2 13
Section 3 13
Section 4 15
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION 15
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING 15
ARTICLE 26. FRINGE BENEFIT LIMITS 15
Section 1. 15
Section 2 15
ARTICLE 27. FRINGE BENEFIT CHANGES 15
ARTICLE 28. HEALTH CARE COVERAGE 15
Section 1. Health Care Coverage 15
Section 2. Health Insurance Plan for Retirees 16
Section 3. Health Insurance Plan for Retiree's -Non -Swom 17
ARTICLE 29. LIFE INSURANCE 18
ARTICLE 30. DISABILITY INSURANCE PLAN 18
ARTICLE 31. SECTION 125 PLAN 18
ARTICLE 32, ANNUAL PHYSICAL 19
ARTICLE 33. RETIREMENT 19
Section 1. 19
Section 2. 19
ARTICLE 34. HOURS OF WORK - WORK PERIOD 20
Section 1. Work Period 20
Section 2. Three- Twelve Work Schedule 20
Section 3. Reporting to California Public Employees' Retirement System (PERS) 20
ARTICLE 35. OVERTIME COMPENSATION 20
Section 1. Overtime Defined 20
Section 2. Compensation for Overtime 21
Section 3. Compensatory Time 21
Section 4. Approval for Overtime 21
ARTICLE 36. VACATION 21
Section 1. Eligibility 21
Section 2. Accrual 22
Section 3. Maximum Accrual 22
Section 4. Use of Vacation 23
Section 5. Vacation Payment at Termination 23
Section 6. Vacation Accrual During Leave of Absence 23
Section 7. Prohibition Against Working for City During Vacation 23
ARTICLE 37. LEAVE OF ABSENCE 23
ARTICLE 38. UNAUTHORIZED ABSENCE 24
ARTICLE 39. BEREAVEMENT LEAVE 24
ARTICLE 40. MILITARY LEAVE OF ABSENCE 24
Section 1. 24
Section 2. 24
ARTICLE 42. JURY DUTY 25
ARTICLE 43. SICK LEAVE 25
Section 1. Accrual - Sworn Positions 25
Section 2. Sick Leave During Vacation 26
Section 3. Extended Sick Leave 26
Section 4. Accrual and Payment - Miscellaneous Positions 27
Section 5. General Sick Leave Provisions 27
Section 6. 27
Section 7. Fitness for Duty 27
ARTICLE 44. CATASTROPHIC LEAVE 27
Section 1. Establishment 27
Section 2. Purpose 27
ARTICLE 45. FAMILY LEAVE (FMLA/CFRA) 28
ARTICLE 46. ON -THE -JOB INJURY 28
ARTICLE 47. OFF -THE -JOB INJURY 29
ARTICLE 48. PERSONNEL RULES AND REGULATIONS 29
Section 1 29
III
Section 2 29
ARTICLE 49. PROBATIONARY PERIODS 29
Section 1. 29
Section 2. Objective of Probationary Period 29
Section 3. Employee Performance Appraisal 29
Section 4. Rejection of Probationary Employee 30
ARTICLE 50. LAYOFF PROCEDURES 30
ARTICLE 51. MOU REOPENERS 30
ARTICLE 53. NO STRIKE - NO LOCKOUT 30
Section 1. 30
Section 2. 31
Section 3. 31
Section 4. 31
ARTICLE 54. EMERGENCY WAIVER PROVISION 31
ARTICLE 55. SEPARABILITY PROVISION 31
ARTICLE 56. SAVINGS CLAUSE 31
ARTICLE 57. RATIFICATION 32
EXHERIT A 33
IV
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
The duly authorized representatives of the City of Seal Beach (hereinafter referred to as
"City ") and the SEAL BEACH POLICE MANAGEMENT ASSOCIATION (hereinafter
referred to as "Association "), having met and conferred in good faith concerning the
issues of wages, hours and other terms and conditions of employment, as herein set forth,
declare their agreement to the provisions of this Memorandum of Understanding (MOU).
The terms and conditions set forth in this MOU shall be of no force and effect unless and
until this MOU is approved and adopted by the City Council of the City of Seal Beach.
Unless otherwise specifically provided for herein, whenever a compensation change is
indicated as occurring effective upon City Council adoption of this MOU, the
compensation change shall commence during the first payroll period commencing after
the Council adoption of this MOU.
ARTICLE 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1, 2010 through
and including June 30, 2013.
Section 2. The Agreement may be extended beyond June 30, 2013 if both parties concur
in writing.
ARTICLE 2. RECOGNTTION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer - Employee Relations Ordinance
No. 769, as amended, the City has recognized, for the purposes of this Memorandum of
Understanding, the SEAL BEACH POLICE MANAGEMENT ASSOCIATION as the
majority representative of the employees in the bargaining unit, which includes Police
Department full -time employees in the safety classifications and assignments of Police
Sergeant, Police Lieutenant, Police Captain, and the miscellaneous classification of
Police Records Supervisor.
Section 2. The City recognizes the Association as the representative of the employees in
the classifications and assignments set forth in Section One above for the purpose of
meeting its obligations under this Memorandum of Understanding, the Meyer- Milias-
Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations, or
laws affecting wages, hours, and/or other terms and conditions of employment are
amended or changed.
1
Section 3. The City agrees that the representatives of the Association, not to exceed six
(6) in number, shall be entitled to meet and confer with Management during said
representatives' normal worlcing hours without suffering any loss in pay while absent
from the duties for such purpose, providing that such time per person shall not be
unreasonable. The City also agrees that such representatives may utilize not more than
six (6) hours per month or seventy -two (72) hours per year without suffering any loss in
pay for such absence for the purpose of meeting with employees who are represented by
the Association and/or other officers of the Association.
ARTICLE 3. SALARIES
Section 1. The following monthly base salary grade increases shall be provided to
employees occupying all classifications represented by the Association. The monthly
base salary increases shall be effective during the first payroll period commencing during
the indicated month of the following indicated years. The actual percentage salary grade
increase shall be determined by reference to the change in the Los Angeles- Riverside-
Orange County, California Consumer Price Index [All Items, All Urban Consumers
published by the U.S. Department of Labor, index base period (1982 -84 =100) and not
seasonally adjusted] (CPI -U). The one -year time period for assessing a percentage
change in the CPI -U shall be from the month of April of the prior year to the month of
April of the year in which a salary grade increase is effective. For example, the salary
grade increase that will be effective in July 2011 will be calculated with reference to the
change in the CPI -U between April 2010 and April 2011. If the percentage increase in
the CPI -U is equal to or less than two percent (2 %), the associated increase in the salary
grade shall be two percent (2 %). If the percentage increase in the CPI -U is equal to or
greater than five percent (5 %), the associated increase in the salary grade shall be five
percent (5 %). If the percentage increase in the CPI -U is between two percent (2 %) and
five percent (5 %), the associate increase in the salary grade shall be equal to the
percentage increase in the CPI -U.
1) Effective the first payroll period in July 2011
Position Grade Increases
Police Records Supervisor 28 Two to Five percent (2% - 5 %)
Police Sergeant 37 Two to Five percent (2% - 5 %)
Police Lieutenant 44 Two to Five percent (2% - 5 %)
Police Captain 50 Two to Five percent (2% - 5 %)
2) Effective the first payroll period in July 2012
Position Grade Increases
Police Records Supervisor 28 Two to Five percent (2% - 5 %)
Police Sergeant 37 Two to Five percent (2% - 5 %)
Police Lieutenant 44 Two to Five percent (2% - 5 %)
Police Captain 50 Two to Five percent (2% - 5 %)
2
ARTICLE 4. EMPLOYEE ORGANIZATIONAL DUES
Section 1. The City will provide voluntary payroll deductions for all employees
represented by the Association for regular and periodic dues and benefit program
premiums as specified by agreement between the City and the Association and signed by
the member. The Authorization Form content shall be mutually agreed to by the
Association and the City.
Section 2. The City shall remit such funds to the Association within twenty -one (21)
calendar days following the deductions.
ARTICLE 5. INDEMNIFICATION
The Association agrees to hold the city harmless and indemnify the City against any
claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such
funds to the Association, except the intentional failure of the City to transmit to the
Association monies deducted from the employees pursuant to this Article.
ARTICLE 6. CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights
of Management which have not been expressly abridged by specific provisions of this
MOU or by law to manage the City, as such rights existed prior to the execution of this
MOU. The City may exercise its management rights unilaterally without the obligation of
meet and confer on the decision to exercise such rights. However, the City shall meet and
confer on the impact thereof pursuant to Section 2 of this Article. The sole and exclusive
rights of Management, as they are not abridged by this MOU or by law shall include, but
not be limited to, the following rights:
a) To manage the City generally and to determine the issue of policy;
b) To determine the existence or nonexistence of facts which are the basis of the
Management decision;
c) To determine the necessity of organization of any service or activity conducted by
the City and expand or diminish services;
d) To determine the nature, manner, means and technology and extent of services to
be provided to the public;
e) To determine the methods of financing;
t) To determine the types of equipment or technology to be used;
g) To determine and/or change the facilities, methods, technological means, and size
of the work force by which the city operations are to be conducted;
h) To determine and change the number of Locations, relocations and type of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract or subcontract any work or
operation of the City;
i) To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
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assignments upon reasonable notice;
j) To establish and modify productivity and performance programs and standards;
k) To relieve employees from duties for lack of work, or funds, or similar non-
disciplinary reasons;
1) To discharge, suspend. demote, or otherwise discipline employees for proper
cause;
m) To determine job classification and to reclassify employees;
n) To hire, transfer, promote and demote employees for disciplinary and non -
disciplinary reasons;
o) To determine and administer policies, procedures and standards for selection,
training, and promotion of employees;
p) To establish employee performance standards including but not limited to,
qualifications and quantity standards and to require compliance therewith;
q) To maintain order and efficiency in its facilities and operations;
r) To establish and promulgate and/or modify Rules and Regulations to maintain
order and safety in the City which are not in contravention of this MOU;
s) To take any and all necessary actions to carry out the mission of the City in
emergencies.
Section 2. Except in emergencies or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of Management's
rights shall impact on employees represented by the Association, the City agrees to meet
and confer with representatives of the Association regarding the impact of the exercise of
such rights, unless the matter of the exercise of such rights is provided for in this MOU or
in the Personnel Rules and Regulations, Safety Resolutions and Municipal Code which
are incorporated herein by reference in this MOU. By agreeing to meet and confer with
the Association as to the impact and exercise of any of the foregoing City rights,
Management's discretion in the exercise of these rights shall not be diminished.
ARTICLE 7. COMPENSATION PLAN
Section 1. All employees covered by this Memorandum of Understanding shall be
included under the Basic Compensation Plan. Every classification under this plan shall
be assigned a monthly base salary grade adopted by the City Council. The salary
schedule shall consist of five (5) steps within each grade.
Section 2. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than normal
entering salary step within the assigned grade upon the recommendation of the Chief of
Police and approval of the City Manager when it is decided that such action is in the best
interest of the City.
Section 3. The second step in the monthly base salary grade is a merit adjustment which
may be given at the end of six (6) months of employment subject to the recommendation
of the Chief of Police and approval of the City Manager.
Section 4. The third, fourth, and fifth steps are merit adjustments to encourage an
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employee to improve his/her work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the completion of
one (1) year of service at the preceding step. Each adjustment may be made subject to
the recommendation of the Chief of Police and approval of the City Manager.
ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY GRADES
Section 1. In order to properly compensate an employee, advancement in salary shall be
based on merit.
Section 2. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
Section 3. The Chief of Police and/or the employees' immediate supervisor shall be
responsible to evaluate employees fairly in an unbiased fashion for the determination of
job performance. Advancement shall be made only upon recommendation of the Chief of
Police and approval of the City Manager.
Section 4. An employee must be reviewed at least once every twelve (12) months from
the effective date of his/her last performance step increase, special performance
advancement or promotion. Nothing contained herein shall restrict the Chief of Police
from denying the increase after evaluation, nor shall it prevent him/her from
recommending special performance advancement in monthly base salary at any time
when unusual or outstanding achievement has been demonstrated.
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION
Section 1. Promotional Appointment — When an employee is promoted to a position with
a higher monthly base salary grade, the employee shall be compensated at a step of the
monthly base salary grade assigned to the new position that is closest to providing a five
percent (5 %) salary increase over the monthly base salary received prior to promotion.
Section 2. Temporary Appointment — In special circumstances, when in the best interest
of the City, the City Manager may approve a temporary assignment of an employee to a
higher -level classification. In such temporary assignments lasting thirty (30) consecutive
calendar days or more, the employee shall be compensated at a step of the monthly base
salary grade assigned to the new position that is closest to providing a five percent (5 %)
salary increase over the monthly base salary received immediately prior to the temporary
appointment.
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION
In the case of a demotion of any employee represented by the Association to a
classification with a lower maximum salary, such employee shall be assigned to the
appropriate monthly base salary step in the new classification as recommended by the
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Chief of Police and approved by the City Manager. The employee shall retain his/her
previous anniversary date.
ARTICLE 11. ADJUSTMENT OF SALARY GRADES
When a salary grade for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing monthly
base salary adjusted to the same relative step in the new monthly base salary grade and
their anniversary date shall not be changed.
ARTICLE 12. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shall forfeit all
rights, privileges and salary, except he /she shall not forfeit his/her medical health plans
including dental, disability insurance, or life insurance. Should such suspension be later
modified or revoked, the employee shall be entitled to receive payment for loss of income
and benefits for any portion of the suspension that is disapproved.
ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance — Whether or not said sworn employee wears a traditional
uniform, each sworn employee shall receive an annual uniform allowance of eight
hundred dollars ($800). The civilian position of Police Records Supervisor shall receive
an annual uniform allowance of four hundred dollars ($400).
Section 2. Safety Equipment — The City shall provide the initial issue of uniforms to
include two (2) pants and two (2) shuts and, for sworn employees utility equipment to
include weapon, safety helmet, baton, and other safety equipment as required by law or
deemed necessary by the City. The City shall replace and/or repair any equipment
damaged within the course and scope of the employees' employment. Recurring
maintenance, repair, and/or replacement due to normal wear shall be responsibility of the
employee.
Section 3. Deferred Compensation - The City contributes twenty dollars ($20) per payroll
period into a deferred compensation program for the Police Records Supervisor position.
Section 4. Cash Payment
A cash payment of One Thousand Dollars ($1,000) per employee shall be provided to
employees represented by the Association who are employed on the effective date of this
MOU. The cash payment shall be made during the first payroll period that commences
after this Memorandum of Understanding has been ratified, approved, and adopted in
accordance with Article 57. The cash payment is made in lieu of a salary increase at the
beginning of this three -year MOU and thus shall not be used in calculating any
employee's regular rate of pay.
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ARTICLE 14. COURT TIME
Section 1. An employee called for a subpoenaed court appearance which arises out of the
course of his/her employment and not contiguous with his/her work shift shall be
compensated for a minimum of two and two- thirds (2 -2/3) hours at the rate of one and
one -half (1 -1/2) times the employee's base hourly rate of pay. Should the appearance
exceed two and two- thirds (2 -2/3) hours, the employee shall receive pay for the actual
appearance time, excluding any court designated lunch period, at the rate of one and one -
half (1 -1/2) times the employee's regular hourly rate of pay. Court appearance time shall
begin when the employee departs from the Police station to go directly to Court.
Section 2. Any appearance that is contiguous with a regular work shift is not subject to
the two and two- thirds (2 -2/3) hours minimum. Any appearance that is contiguous with a
regular work shift is not subject to the one and one -half (1 -1/2) time rate unless the court
appearance otherwise qualifies as overtime under this MOU.
Section 3. All employees agree to comply with the "on-call" policies administered by the
Department. Should an officer be placed "on -call" during off duty hours for court
appearance(s), he /she shall be granted two (2) hours pay at the employee's straight time
base hourly rate of pay for any "on -call" time prior to 12:00 noon and two (2) hours for
all "on -call" time after 12:00 noon.
ARTICLE 15. CALL -BACK
Section 1. Employees who are called back to duty after having completed a normal shift
or work day assignment and departed from the work premises shall be paid one and one-
half (1 -1/2) times the employee's straight time base hourly rate of pay for each hour
worked on call-back. The number of hours calculated at one- and - one -half times shall not
be less than four hours. Should a call-back exceed four (4) hours, the employee shall
receive pay for the actual call-back time, at the rate of one and one -half (1 -1/2) times the
employee's regular hourly rate of pay. Call-back time shall commence from the time the
employee is called back to service.
Section 2. Employees who are off duty and respond for departmental training,
qualification or meetings shall be compensated a minimum of two and two- thirds (2 -2/3)
hours per incident. This time shall be calculated at one and one -half (1 -1/2) times the
employee's base hourly rate of pay. Should the incident exceed two and two- thirds (2 -2/3)
hours, the employee shall receive pay for the actual incident time, at the rate of one and one-
half (1 -1/2) times the employee's regular hourly rate of pay.
ARTICLE 16. STAND -BY PAY
Section 1. Police Sergeant(s) may be assigned by the Chief of Police to "stand -by"
status.
Section 2. Police Sergeants required to be on stand -by shall be eligible to accrue up to a
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maximum of eight (8) hours of stand -by leave per month, subject to the following
limitations. During any such month when an employee is required to be on stand -by for
less than the entire month, the maximum number of stand -by leave hours accrued shall be
reduced in an amount reflecting the pro -rated monthly time during which said employee
is expected to be "on stand -by." Such stand -by leave hours shall be maintained in the
employees' Stand -by Leave banks. The parties encourage employees to use their stand-
by leave within two months after it is accrued. The employees may not have an
accumulated balance of more than twenty -four (24) hours of stand -by leave at any time.
If an employee's stand -by leave balance reaches twenty -four (24) hours, his/her accrual
of stand -by leave shall cease. The employee's accrual of stand -by leave shall not begin
again until the employee's accumulated stand -by leave balance falls below twenty -four (24)
hours.
Section 3. Police Captains and Police Lieutenants shall be eligible to accrue up to a
maximum of ninety -six (96) hours of administrative leave on July 1st of each year,
subject to the following limitations. Such administrative leave hours shall be maintained
in the employees' Administrative Leave banks. The parties encourage employees to use
their administrative leave during the fiscal year (July 1st through June 30th) in which it is
accrued. An employee may not have more than ninety -six (96) hours of administrative
leave on the books at any time. If an employee does not use all of his/her administrative
leave within the fiscal year in which the employee accrued it, he /she will not accrue the
maximum number of administrative leave hours in the next fiscal year. instead, the
employee will only earn that number of administrative leave hours, on July 1st of each
year that will bring the employee's balance of administrative leave hours up to the
maximum number. Because administrative leave cannot be removed from an employee
once earned, and the parties do not want employees to have more administrative leave on
the books than would be received within the current fiscal year, any hours of
administrative leave carried over at the end of the fiscal year results in the employee
being unable to accrue that same amount of administrative leave in the next fiscal year.
Thus, for example, if an employee uses only eighty (80) hours of administrative leave
during a fiscal year and carries over sixteen (16) hours of administrative leave to the next
fiscal year, that employee will only accrue eighty (80) hours of administrative leave on
July lst, bringing the employee's administrative leave balance, on July lst, up to the
ninety -six (96) hours maximum.
ARTICLE 17. MOVIE DETAIL
Section 1. Employees shall be paid seventy dollars ($70) per hour for outside movie
details. In is understood that time spent on movie detail is brokered outside work and is
not considered time worked for the purpose of calculation City overtime compensation.
ARTICLE 18. EXPERIENCE PAY
—For Employees Hired On or Before June 30, 2010:
Section 1. Qualified employees represented by the Association with a minimum of ten
(10) years of full -time service as a sworn peace officer with a Municipal, County, or State
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Police agency meeting Police Officer Standards and Training (P.O.S.T.) standards, or
their equivalent, shall be eligible to receive experience pay.
Section 2. To qualify for experience pay, an employee must meet the minimum years of
service required and receive an overall satisfactory performance appraisal reviewed,
approved, and signed by the Chief of Police, his /her designee, or an individual acting in
the capacity of the Chief of Police. The recommendation of Experience Pay is subject to
verification and approval by the City Manager.
Section 3. Experience pay — Ten (10) Years of Service — After ten (10) years of
qualifying service, experience pay shall be paid at a rate of five percent (5 %) of the
qualified employee's monthly base salary.
Section 4. Experience pay — Twenty (20) Years of Service — After twenty (20) years of
qualifying service, experience pay shall be paid at a rate of ten percent (10 %) of the
qualified employee's monthly base salary.
Section 5. Experience pay -- Twenty -five (25) Years of City of Seal Beach Service — After
twenty -five (25) years of City of Seal Beach Service (only service with the City of Seal
Beach shall apply), experience pay shall be paid at a rate of fifteen percent (15 %) of the
qualified employee's monthly base salary.
Section 6. Experience pay is not cumulative. Thus, an employee will only receive the
highest level of experience pay for which the employee is qualified. For example, an
employee reaching 20 years of service as a sworn peace officer with the City of Seal Beach,
stops receiving the 5% level of experience pay and begins receiving only the 10% level of
experience pay. Such an employee does not receive both the 5% level and the 10% level, at
the same time.
Section 7. Qualified non -swom employees represented by the Association with ten (10)
years or more of consecutive Seal Beach service shall be eligible to receive experience
pay under only Section 3, above. Sections 4 and 5 do not apply to non -swom employees
represented by the Association.
—For Employees Hired On or After July 1, 2010:
Section 8. Qualified employees represented by the Association with a minimum of ten (10)
years of full time service as a swom peace officer with the City of Seal Beach shall be
eligible to receive experience pay.
Section 9. To qualify for experience pay, an employee must meet the minimum years of
service required and receive an overall satisfactory performance appraisal signed by the
Chief of Police, his designate or an individual acting in his capacity.
Section 10. Experience pay shall be as follows:
A. After ten (10) years of City of Seal Beach sworn peace officer service, experience
pay shall be paid at a rate of five percent (5 %) of the qualified employee's monthly base
salary.
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B. After twenty (20) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of ten percent (10 %) of the qualified employee's
monthly base salary.
C. After twenty -five (25) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of fifteen percent (15 %) of the qualified
employee's monthly base salary.
Section 11. Experience pay is not cumulative. Thus, an employee will only receive the
highest level of experience pay for which the employee is qualified. For example, an
employee reaching 20 years of service as a sworn peace officer with the City of Seal Beach,
stops receiving the 5% level of experience pay and begins receiving only the 10% level of
experience pay. Such an employee does not receive both the 5% level and the 10% level, at
the same time.
ARTICLE 19. EDUCATION INCENTIVE PAY
This Article is only applicable to sworn employees in the bargaining unit represented by
the Association. Non -sworn employees represented by the Association are not eligible
for Education Incentive Pay.
Section 1. Forty -five (45) Semester Units of College Credits — Employees covered by
this section who have completed forty -five (45) semester imits of credit from an
accredited college or university with at least sixteen (16) units in the field of Police
Science shall receive three hundred dollars ($300) per month in addition to his/her
monthly base salary.
Section 2. Sixty (60) Semester Units of College Credits or Intermediate P.O.S.T.
Certification - Employees covered by this section who have completed sixty (60)
semester units of credit from an accredited college or university with at least nineteen
(19) units in the field of Police Science or have attained a P.O.S.T. Intermediate
Certificate shall receive four hundred dollars ($400) per month in addition to his/her
monthly base salary.
Section 3. Bachelor of Arts/Bachelor of Science (BA/BS) Degree or Advanced P.O.S.T.
Certification - Employees covered by this section who have completed BA/BS Degree
from an accredited college or university with at least twenty -two (22) units in the field of
Police Science or have attained a P.O.S.T. Advanced Certificate shall receive five
hundred dollars ($500) per month in addition to his/her monthly base salary.
Section 4. The above payment compensation shall be based on achievements over and
above the job requirements established in the position classification plan for each
classification. Payment to employees shall be based on the highest achievement level only;
e.g., employees with an Associate's and Bachelor's degree will receive compensation for the
Bachelor's degree only.
Section 5. Employees receiving Educational Incentive pay shall not lose that pay if
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he/she is promoted to a classification which required the education for which the
employee is receiving the additional pay. If the minimum educational requirements are
lawfully changed during the term of the MOU, employees receiving educational incentive
pay will not be affected by such change and will not result in any loss of such incentive
pay.
Section 6. All payments under this Article are subject to verification and approval by the
City Manager.
Section 7. Employees serving an original probationary period shall be ineligible to
receive educational incentive pay.
ARTICLE 20. TUITION REIMBURSEMENT
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs - Unit members attending accredited
community colleges, universities, and trade schools for the purpose of obtaining a
higher education degree may apply for reimbursement of tuition, books, student fees
and parking. Reimbursement is capped each calendar year at the tuition rate of the
Cal State University system for up to 2 semesters of full -time, undergraduate
enrollment.
Reimbursement is contingent upon the successful completion of the course. For any
course that could be taken for a letter grade, it must be taken for a letter grade and
successful completion means a grade of "C" or better for undergraduate courses and a
grade of `B" or better for graduate courses. For any course that can only be taken for
a grade of "credit" or "no- credit ", successful completion means a grade of "credit ".
All claims for tuition reimbursement require prior approval and are subject to
verification and approval by the City Manager. This tuition reimbursement does not
pertain to P.O.S.T. courses attended on' duty.
Example: Officer A attends California State University, Long Beach, for
the spring 2011 semester and completes two 3 -unit undergraduate courses
with a grade of "C" or better. The tuition reimbursement would be
calculated as follows:
2010 -2011 State University Tuition $ 1,227.00 (0 -6 units)
Required University Fees $ 290.00 (approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $ 1,940.00
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B. Professional Conventions and Conferences - Unit members who attend job related
conventions and conferences that are not sponsored by the Department may submit
for reimbursement under the tuition reimbursement program for the cost of
enrollment. Attendance of conventions and conferences must be job related and pre -
approved by the Chief of Police. The cost of travel, sustenance, and lodging is not
reimbursable under tuition reimbursement per IRS Publication 970.
ARTICLE 21. PHYSICAL FITNESS PROGRAM
The physical fitness program is a voluntary program for all sworn officers utilizing
vacation hours as compensation for achieving goals within this program. The details of
this program are attached as Exhibit A to this MOU.
ARTICLE 22. TRAINING PROGRAMS
Section 1. The City shall pay reasonable expenses incurred by employees attending
approved training programs. Expenses include registration fees and the costs of
purchasing required course materials, travel to and from the training course, meals and
lodging shall be reimbursed per the City's adopted Per Diem policy.
Section 2. When an employee is sent by the City to a training program which is not a
part of his/her regular work schedule, the employee shall receive eight (8) hours pay for
each full day of training and such eight (8) hours pay shall be credited towards the
computation of overtime.
ARTICLE 23. HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans' Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year's Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents' Day (3rd Monday in February)
Memorial Day (Last Monday in May)
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Section 2. Floating Holidays
The City will also recognize two (2) floating holidays each fiscal year for swom
employees in the bargaining unit. The City will also recognize one (1) floating holiday
each fiscal year for non -sworn employees in the bargaining unit. Each unit sworn
employee shall be eligible to accrue up to a maximum of two (2) floating holidays on
July 1st of each year, subject to the following limitations. Each unit non -sworn employee
shall be eligible to accrue up to a maximum of one (1) floating holiday on July 1st of
each year, subject to the following limitations. The floating holidays shall be taken, or
cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued.
A sworn employee may not have more than two (2) floating holidays on the books at any
time. A non -sworn employee may not have more than one (1) floating holiday on the
books at any time. If an employee does not use, or cash out, all of his/her floating
holidays within the fiscal year in which the employee accrued them, he /she will not earn
the maximum number of additional floating holidays in the next fiscal year. Instead, the
employee will only earn that number of floating holidays, on July 1st of each year that
will bring the employee's balance of floating holidays up to the maximum number. Thus,
for example, if a sworn employee uses, or cashes out, only one floating holiday during a
fiscal year, that sworn employee will only accrue one additional floating holiday on July
1st of the following fiscal year, bringing the swom employee's floating holiday balance
up to two (2) floating holidays. The parties encourage employees in the unit to use their
floating holidays. Since floating holidays cannot be removed from an employee once
earned, and the parties do not want employees to have more floating holidays on the
books than would be received within the current fiscal year, a floating holiday(s) carried
over at the end of the fiscal year results in the employee being unable to earn that
holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually selected by the
employee subject to the approval of the Chief of Police. Approval will not normally be
granted if it would require the Department to backfrll the employee's position at time -
and- one -half to maintain necessary staffing/deployment levels. A floating holiday cannot
be used on any of the designated holidays recognized by the City or on another floating
holiday. To request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave /overtime and special pay report".
The past practice of the City in permitting the stacking of floating holidays is specifically
eliminated by the above language.
Section 3. Compensation for. Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a
holiday falls on a day that a swom employee performs no work (whether the day is the
employee's scheduled work day or not), the employee shall be paid 12.33 hours of
holiday pay for the holiday, at the employee's regular hourly rate of pay. When a holiday
falls on a day that a non -sworn employee performs no work (whether the day is the
employee's scheduled work day or not), the employee shall be paid 10 hours of holiday
pay for the holiday, at the employee's regular hourly rate of pay.
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..... ...........
B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday
falls on a day that a sworn employee performs work (whether the day is the employee's
scheduled work day or not), the employee shall be paid as follows:
1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid "hardship" pay as follows:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on
the holiday, at the rate of pay otherwise specified in this MOU for such work
hours, and
c. Pay for the number of hours of work the employee actually performed on
the holiday, at the employee's base hourly rate of pay.
Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn
pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay as per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on the
holiday, at the rate of pay otherwise specified in this MOU for such work hours.
Example 2: Officer B works 8 hours on Veterans' Day or a Floating Holiday.
Officer B would earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
C. The past practice of the City paying hardship holiday pay to an employee on a
designated hardship holiday when in fact said employee did not work on the designated
hardship holiday is specifically eliminated by the above language.
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Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non -FLSA
compensatory time at the rate of one hour of hardship pay converting to one hour of time
off or to one hour of non -FLSA compensatory time.
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION
The City reserves the right to select the insurance carrier or administer any fringe benefit
program that now exist or may exist in the future during the teen of this MOU, unless
otherwise specified within this MOU.
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING
In the administration of the fringe benefit programs, the City shall have the right to select
any insurance carrier or other method of providing coverage to fund the benefits included
under the terms of the MOU, provided that the benefits of the employees and affected
retirees shall be no Less than those in existence as of implementation of this MOU.
ARTICLE 26. FRINGE BENEFIT LIMITS
Section 1. City shall not pay premium or accrue any fringe benefits afforded with this
MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive
calendar days, unless specifically provided for within this MOU, authorized by the City
Manager, or otherwise provided for by federal or state "Family Leave Acts" and/or
"Workers' Compensation" requirements.
Section 2. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee who has been absent without authorization during said month,
suspended without pay, or who has terminated from City employment unless specifically
provided for within this MOU.
ARTICLE 27. FRINGE BENEFIT CHANGES
If, during the term of this MOU, any changes of insurance carrier or method of funding
for any benefit provided hereunder is contemplated, the City shall notify the Association
prior to any change of insurance carrier or method of funding the coverage.
ARTICLE 28. HEALTH CARE COVERAGE
Section 1. Health Care Coverage
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A. "Health Care Coverage"
The City shall contribute an equal amount towards the cost of Healthcare coverage under
PEMHCA for both active sworn and non -sworn employees and retirees. The City's
contribution toward coverage under PEMHCA shall be the minimum contribution
amount established by Ca1PERS on an annual basis. Effective January 1, 2008 the City's
contribution under PEMHCA shall be $97.00.
The City has implemented a full flex cafeteria plan and employees participating in the
City's full flex cafeteria plan shall receive a flex dollar allowance to purchase group
health coverage under the City's Cafeteria plan. The monthly flex dollar allowance shall
be:
Calendar Year 2010 2011 2012 2013
For single employees: $550 $650 $850 $1050
For employee +1 dependent: $850 $950 $1150 $1350
For employee + 2 or more dependents: $1100 $1200 $1400 $1600
A portion of the flex dollar allowance ($97.00) is identified as the City's contribution
towards PEMHCA. The PEMHCA contribution will be subject to change as the
PEMHCA minimum contribution increases. Remaining flex dollars will be used by
employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS) administration
requirements, the City shall make available to eligible employees participation in the group
Healthcare plans offered by PERS.
C. Employees who elect not to participate in the full flex cafeteria plan may
receive three hundred ten dollars ($310) per month (upon showing proof of health insurance
coverage under an alternative plan.) Election forms are available in the Personnel Office.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any sworn retired employee (either service or
disability) who is hired after August 1, 1983 and on or before December 31, 2007, and
retires after December 31, 2009, and who has attained the age of fifty (50) the following
group Healthcare insurance benefits:
1. If the employee has fifteen (15) or more years of full -time City of Seal
Beach service, the City shall pay for such sworn retired employee at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CaIPERS, or (b) the
CalPERS Kaiser HMO, whichever is greater. When the swom retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
2. If the employee has twenty (20) or more years of full -time City of Seal
Beach service, the City shall pay such retired employee and one dependent, depending on
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the qualified dependent status, the group health care insurance premium at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CalPERS, or (b) the
CaIPERS Kaiser HMO, whichever is greater. When the sworn retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by CaIPERS, or (b) the Ca1PERS
Kaiser HMO Medicare supplement plan, whichever is greater.
3. If the employee has twenty -five (25) or more years of full -time City of
Seal Beach service, the City shall pay such retired employee and dependents, depending on
the qualified dependent status, the group health care insurance premium at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CaIPERS, or (b) the
CaJPERS Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of' the
two (2) lowest cost Medicare supplement plans offered by CaIPERS, or (b) the CalPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
B. The City shall provide to any swom retired employee (either service or
disability) who is hired on or after January 1, 2008, and who has both fifteen (15) or more
years of full-time City of Seal Beach service and has attained the age of fifty (50) the
following group Healthcare insurance benefits:
1. The City shall contribute at the minimum rate under PEMHCA as
mandated by Ca1PERS.
C. In all cases, the City's contribution for eligible dependent coverage for retirees
shall terminate with the death of the retiree.
D. In the event an eligible retired employee resides in an area where the health
plans provided by the City are not in effect, that retired employee shall be entitled to
receive in cash each month an amount equal to the monthly contribution the City would
otherwise have contributed to that retired employee toward health and dental insurance
premiums.
Section 3. Health Insurance Plan for Retiree's — Non -Swom
A. Shall have the option upon retirement, through the Public Employees
Retirement System Health Program (PERS), to continue participation in the City's health
insurance program at the employee's expense.
1. Those qualified non -sworn positions with 20 or more years of
employment with the City, have reached 55 years of age, and retires before December 31,
2009, shall be provided with individual health insurance coverage through the Public
Employees Retirement System Health Program (PERS). If said employee has 30 or more
years of employment with the City upon retirement, eligible dependent health insurance
coverage shall also be provided through the Public Employees Retirement System Health
Program.
2. Those qualified non -sworn positions with 20 or more years of
employment with the City, have reached 55 years of age, and retires after December 31,
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2009, shall be provided with individual health insurance coverage through the Public
Employees Retirement System Health Program (PERS) capped at the rate of Kaiser
HMO. If said employee has 30 or more years of employment with the City upon
retirement, eligible dependent health insurance coverage shall also be provided through
the Public Employees Retirement System Health Program capped at the rate of Kaiser
HMO.
3. Those qualified non -sworn positions hired by the City on or after
January 1, 2008, with 20 or more years of employment with the City, have reached 55
years of age, and retires after December 31, 2009, shall be provided with individual
health insurance coverage through the Public Employees Retirement System Health
Program (PERS) capped at the PEMHCA minimum as designated by Ca1PERS. If said
employee has 30 or more years of employment with the City upon retirement, eligible
dependent health insurance coverage shall also be provided through the Public
Employees Retirement System Health Program.
4. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
5. In the event an eligible retired employee resides in an area where the
health plans provided by the City are not in effect, that retired employee shall be entitled
to receive in cash each month an amount equal to the monthly contribution the City
would otherwise have contributed to that retired employee toward health and dental
insurance premiums.
ARTICLE 29. LIFE INSURANCE
The City shall pay 100% of the premium for a term Life insurance policy with a face
value of $50,000, double indemnity accidental death benefit and a dependent death
benefit in the amount of $1,000 per dependent.
ARTICLE 30. DISABILITY INSURANCE PLAN
The City shall pay one hundred percent (100 %) of the premium for the "employee's long-
term disability insurance plan with an income continuation of not less than sixty -six and
two- thirds percent (66 -2/3 %) of the employee's monthly base salary, subject to caps and
eligibility requirements as set forth within the policy of the accepted carrier.
Modifications to the plan shall be made only after the City has met and consulted with the
Association.
ARTICLE 31. SECTION 125 PLAN
The City will provide a Section 125 Plan (pre -tax deduction) for health, dental and child
care expenses. This plan will allow for payroll deduction from the employee's salary as
designated by the employee for the purpose of participation. The maximum contributable
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dollar amount and plan year length is administered and determined by the Personnel
Department at the direction of the City Manager.
ARTICLE 32. ANNUAL PHYSICAL
The City shall provide a physical exam periodically as indicated below for the purpose of
detecting heart trouble and cancer for swom unit members. The exam shall be given by a
City appointed physician who is acceptable to the Association. Cost of said physical exam
shall be borne by the City. The resulting diagnosis shall be submitted to the City as well as
the employee together with specifics of corrective treatment.
Physical Exam Schedule:
New Employee 2nd year following appointment
Employee under 40 Alternate years
Employee 40 & Over Every year
ARTICLE 33. RETIREMENT
Section 1. The City shall contract with PERS for a two -tier retirement plan for public
safety employees covered by this MOU. The two tiers shall be three percent (3 %) at age
fifty (50) and two percent (2 %) at age fifty (50).
A. For public safety employees covered by this MOU who were hired by the
City before the effective date of the two -tier retirement plan, the City shall make
contributions for the public safety personnel covered by this MOU to the PERS plan
known as three percent at fifty (3 % @50) with those benefit options as provided for in the
contract between the City and PERS.
B. For public safety employees covered by this MOU who were hired by the
City on or after the effective date of the two -tier retirement plan, the City shall make
contributions to the PERS plan known as two percent (2 %) at fifty (50) with those
benefit options as provided for in the contract between the City and PERS.
C. Modification(s) to the contract shall be made only after the City has met
and conferred with the Association and such modification(s) made a part of the contract
between the City and PERS consistent with the requirements of PERS.
Section 2. The City shall make contributions for the non -sworn personnel covered by
this MOU to the PERS plan known as two percent at fifty -five (2 % @55) with those
benefit options as provided for in the contract between the City and PERS.
Modification(s) to the contract shall be made only after the City has met and conferred
with the Association and such modification(s) made a part of the contract between the
City and PERS consistent with the requirements of PERS.
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Section 3. The City shall pay all the employees' contribution to their retirement plan and
place it in the employees' individual PERS retirement accounts.
ARTICLE 34. HOURS OF WORK— WORK PERIOD
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the Fair Labor
Standards Act) shall be three hundred thirty -six (336) continuous hours (fourteen (14)
consecutive days). All full -time law enforcement personnel shall be regularly assigned one
of the following work schedules:
1. "Three- twelve" - three (3) consecutive three (3) day work weeks
consisting of three (3) twelve (12) hour and twenty (20) minute work days followed by a
four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute
work days and one (1) twelve (12) hour work day.
2. "Four -ten" - a workweek consisting of ten (10) hours /day, four (4)
days /week.
3. "Five- eight" - a workweek consisting of eight (8) hours /day, five (5)
days/week.
Section 2. Three- Twelve Work Schedule
A. The standard workweek shall be thirty -seven (37) hours or forty -nine (49) hours
depending on the number of days worked in a workweek pursuant to A.1. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during
the forty -nine (49) hour work week of the work period will be considered regular straight
time hours for the intention to report forty (40) hours of regular hours during a work week.
Section 3. Reporting to California Public Employees' Retirement System (PERS) - All
regular hours worked, regardless of work schedule, shall be reported to PERS.
ARTICLE 35 OVERTIME COMPENSATION
Section 1. Overtime Defined
A. Three- Twelve (3 -12) Workweek
Time worked in excess of eighty -six hours in a FLSA work period as defined in Article 34,
Section 1.A. or time worked on scheduled days off.
B. Four -Ten (4 -10) Workweek
Time worked in excess of eighty -six hours in'a FLSA work period as defined in Article 34,
Section 1.A. or time worked on scheduled days off.
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C. Five -Eight (5 -8) Workweek
, Time worked in excess of eighty-six hours in a FLSA work period as defined in Article 34,
Section 1.A. or time worked on scheduled days off.
Section 2. Compensation for Overtime
A. Authorized non -FLSA overtime shall be compensated in pay or compensatory
time at the rate of one -and- one -half (1 -1/2) times the straight time hourly equivalent of the
base hourly rate of pay.
B. In computing overtime for a work period, time absent from duty as a result of use
of sick leave, vacation, holiday or compensatory time off shall not be considered as time
deemed to have been worked.
Section 3. Compensatory Time - Employees may elect to receive compensatory time in
lieu of pay for overtime subject to A. and B. below.
A. Should an employee desire to take compensatory time off, he /she shall
provide reasonable notice, i.e., no less than fourteen (14) calendar days (one payroll
cycle), and file a written request with the Chief of Police. The Chief of Police shall grant
compensatory time off based on departmental manpower needs. If an employee fails to
provide fourteen (14) calendar days (one payroll cycle) advance notice to the Chief of
Police, the Chief of Police shall consider the request for compensatory time off and has
discretionary authority to grant or deny the request.
B. Employees shall be permitted to accumulate a maximum of seventy-five (75)
hours of compensatory time. An employee who has accumulated seventy -five (75) hours
of compensatory time will be reimbursed within the pay period earned for any overtime
in excess of seventy -five (75) hours maximum.
C. An employee may, upon written request submitted to and approved by the
City Manager, receive reimbursement for the requested number of hours of accumulated
compensatory time below the cap of seventy -five (75) hours. Reimbursement shall occur
with the next regular payroll following the pay period in which the employee's written
request has been approved by the City Manager.
Section 4. Approval for Overtime - In order for an employee to earn compensation for
overtime, he /she must receive a supervisor's or the Chief of Police's approval. Overtime
worked to meet an emergency situation does not require advance approval, but shall be
certified by the Chief of Police before being credited to the employee's record.
ARTICLE 36. VACATION
Section 1. Eligibility — All permanent full -time employees having completed one (1)
year of continuous service with the department and annually thereafter, shall be eligible
for a paid vacation at their then existing rate of pay.
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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 Eamed Rate/Pay Period Bi- Weekly Vacation Hours
0 -5 Years 80 3.0769 80 hours
6 -14 120 4.6153 120 hours
15 -19 160 6.1538 160 hours
20+ 200 7.6923 200 hours
D. An eligible employee hired on or before February 1, 1998, shall accrue
vacation leave by the following schedule:
Years of Svc Hourly Accrual Rate Per Pay Period Annual Accrual Rate
0 -5 Years 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10 -15 6.154 160 hours
16+ 7.692 200 homy
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of 400 hours.
B. The accrual of vacation shall cease when an employee's accumulated vacation is
at the maximum provided in this Section. Additional vacation shall begin aeon ling when the
employee's vacation balance falls below the maximum.
C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to
the maximum under this section. Should the employee reach maximum accumulation, the
City shall cash out the equivalent hours that the employee has taken for vacation during the
fiscal year. Should the employee reach maximum again after the cash out while still on IOD
or leave, accruals shall cease.
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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 clue regard for the wishes of the employee and particular regard
for the needs of the service.
B. Employees who have completed five (5) years or more of continuous service
may elect to be paid for up to a maximum of forty (40) hours of accumulated vacation on
an annual basis provided that forty (40) or more hours have been taken as vacation time
off during the course of the prior twelve (12) months.
Section 5. Vacation Payment at Termination — Employees terminating employment shall
be paid in a lump sum for all accumulated vacation no later than the next regular payday
following termination. If the termination is due to death of the employee, the employee's
beneficiary designated on the City's life insurance policy form in the employee's
personnel file shall receive the employee's pay for unused vacation. In the event an
employee has not designated a beneficiary, the payment shall be made to the estate of the
employee.
Section 6. Vacation Accrual During Leave of Absence — No vacation shall be earned
during any leave of absence without pay for each fourteen (14) day period (pay period) of
such leave.
Section 7. Prohibition Against Working for City During Vacation — Employees shall not
work for the City during his/her vacation and, thereby receive double compensation from
the City.
ARTICLE 37. LEAVE OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay — Authorized Leave of Absence
Without Pay is granted as follows:
A. Upon the Chief of Police's recommendation and approval of the City
Manager, an employee may be granted a leave of absence without pay in cases of an
emergency or where such absence would not be contrary to the best interest of the City,
for a period not to exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a leave of
absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave of absence, after notice to return to
duty, the employee shall be reinstated to the position held at the time the leave of absence
was granted. Failure on the part of the employee to report promptly at such leave of
absence's expiration and receipt of notice to return to duty, shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be
eligible to accumulate or receive fringe benefits except as specifically provided for in this
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Memorandum of Understanding, except that the City shall contribute to an employee's
medical and dental health plan, disability insurance plan, and life insurance plan for the
first thirty (30) calendar days of the leave of absence.
ARTICLE 38. UNAUTHORIGED ABSENCE
Unauthorized absence is days, or portions of days, wherein an employee is absent from
work without City approval. Unless subsequently approved, such absence will result in a
deduction from the employee's pay of an amount equivalent to the time absent.
Employees taking unauthorized absence may be subject to disciplinary action, up to and
including termination of employment.
ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of bereavement leave, by the
reason of the death in their fancily which shall be restricted and limited to immediate
family by reason of biology, marriage, or adoption, or all degree of relatives not listed but
living within the household of the employee. Family lineage covered by this provision:
Spouse or Registered Domestic Partner
Father and Mother (Including Step parent and adoptive parent)
Father and Mother In -Law
Grandparent
Brother and Sister (Including step sibling or sibling due to legal adoption)
Child (Including step child, child due to marriage or legal adoption)
Grandchild (Including step grandchild, due to marriage or legal adoption)
and all degree of relatives not listed but living within the household of the employee
ARTICLE 40. MILITARY LEAVE OF ABSENCE
Section 1. Military leave shall be granted in accordance with the provisions of State law.
All employees entitled to military leave shall give the Chief of Police an opportunity
within the limits of military regulations to determine when such leave shall be taken.
Whenever possible, the employee involved shall notify the Chief of Police of such leave
request ten (10) working days in advance of the beginning of the leave.
Section 2. In addition to provisions of State law, the City shall continue to provide
eligible employees on military leave the current health benefits (medical, dental,
disability, and life insurance) and retirement (if applicable) for the first three (3) months
of military leave. During said period, the employee shall be required to pay for the City
the same co- payments as required of other employees. After the first three (3) months of
military leave, the employee may continue said benefits at his/her cost.
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ARTICLE 41. This article was intentionally left blank and has been reserved for future
use.
ARTICLE 42. JURY DUTY
Section 1. Jury Duty is granted as follows:
A. Employees required to report for jury duty shall be granted leave of absence
for such purpose, upon presentation of jury notice to the Chief of Police. Said employees
shall receive full payment for the time served on jury duty, provided the employee remits
any fees received for such jury service, excluding payment for mileage, to the City's
Administrative Services (Finance) Department. Compensation for mileage, subsistence
or similar auxiliary allowance shall not be considered as a fee and shall be returned to the
employee by the Administrative Services (Finance) Department.
B. If the sum of the employee's jury duty responsibility is less than a full work
day, the employee shall contact his supervisor as to the feasibility of returning to work
that day.
ARTICLE 43. SICK LEAVE
Section 1. Accrual - Swom Positions
A. Sick leave shall be accrued at the rate of twelve and one -third (12 -1/3) hours per
calendar month for each calendar month that the sworn employee has worked regularly
scheduled hours and/or has been on authorized leave which provides for full pay, for at least
fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for sworn unit employees hired prior
to July 1, 1985, will be placed into the established sick leave bank at the rate of twelve
and one -third (12 -1/3) hours per calendar month for each calendar month that the
employee has worked regularly scheduled hours. This new sick leave bank, established
February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave
shall not be used to postpone the effective date of retirement as determined by the City.
C. Employees who are on authorized leaves of absence, without pay, shall not
accrue sick leave hours during said leaves of absence.
D. There is no limit on the amount of sick leave that an employee may accumulate.
E. An employee may be paid for unused sick leave pursuant to the following:
1. Employees who have not completed fifteen (15) years of services with the
City will not be eligible to be paid for any accumulated sick leave, nor shall any
accumulated sick leave be used to postpone the effective date of retirement as determined by
the City.
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2. Employees who have completed fifteen (15) years of service with the
City shall be paid for accumulated sick leave in the lesser amount of (i) twenty -five percent
(25 %) of his accumulated sick leave at the employee's final base hourly rate of pay or (ii)
two thousand five hundred dollars ($2,500). Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City. Remaining sick leave
hours are converted to 8 hour days and reported to CaIPERS for service credit.
3. Employees employed prior to July 1, 1985, who are retired because of
work related disabilities will be paid all of their accumulated sick leave at their final base
hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective
date of retirement as determined by the City. Any sick leave accrued after February 4,
1998 will be placed in the sick leave bank set forth in Section 1.B above, and is not
eligible for this payout provision.
Section 2. Sick Leave During Vacation — An employee who becomes ill while on
vacation may have such period of illness charged to his/her accumulated sick leave
provided as follows:
A. Immediately upon return to duty, the employee submits to his/her supervisor a
written request for sick leave and a written statement signed by his/her physician
describing the nature and dates of the illness.
B. The Chief of Police recommends and the City Manager approves the granting
of such sick leave.
Section 3. Extended Sick Leave — In the event of an employee's continuing illness which
results in depletion of sick leave accumulation, the employee may request in writing, to
the Chief of Police and City Manager, a leave of absence without pay for the purpose of
recovering form the illness, provided:
A. The employee has used all accumulated sick leave.
B. The employee presents to his department head for referral to and consideration
by the City Manager, a written explanation of the employee's illness and an estimate of
the time needed for recovery signed by the employee's physician.
C. Prior to resuming his/her duties, the employee may be required to take a
medical examination at City expense and provide a medical release to return to work
from the employee's physician as prescribed by the City Manager. The employment
record and the results of such examination shall be considered by the City Manager in
determining the employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar days. If the
employee desired an extension, he /she shall follow, prior to the termination of the initial
leave, the procedure described in Section 3.B above.
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Section 4. Accrual and Payment - Miscellaneous Positions
A. All full -time miscellaneous employees covered by this section shall accrue
sick leave at the rate of one day per month (10 hours). The maximum accumulation of
sick leave hours shall be 520 hours.
B. Existing sick leave balances which have remained intact and have not been
converted to leave time may be utilized by the employee for sick leave purposes only.
C. Upon termination of employment with the City, all leave hours will be paid to
the employee at the employee's base hourly rate of pay. Existing sick leave balances,
which have remained intact and have not been converted to leave time, will be paid to the
employee upon termination at one - quarter (25 %) of the employee's base hourly rate of
pay.
D. Employees who are on authorized leaves of absence, without pay, shall not
accrue sick leave hours during said leaves of absence.
Section 5. General Sick Leave Provisions — Sick leave shall not granted for disability
arising from any sickness or injury purposely self - inflicted or caused by an employee's
own willful misconduct and negligence.
Section 6. The Sick Leave during Vacation and Extended Sick Leave provisions in
above Section 2 and 3 is also applied to the position of Police Records Supervisor.
Section 7. Fitness for Duty - The Chief of Police may require employees to present
proof of physical fitness for duty for sick leaves in excess of three (3) consecutive
working days for those on a twelve (12) hour shift and in excess of four (4) consecutive
working days for those on other shifts.
ARTICLE 44. CATASTROPHIC LEAVE
Section 1. Establishment — A Catastrophic Leave Program for the Association was
established which allows donation of paid time for employees represented by the
Association.
Section 2. Purpose — The purpose of the Catastrophic Leave Pool is to enable full -time
•
employees to receive and donate vacation, administrative leave, and compensatory time
off (CTO) leave credits on an hour for hour basis to assist employees who have no
remaining leave bank balances and who will suffer a financial hardship due to prolonged
illness or injury to themselves, or a member of their immediate family. Sick Leave is
excluded from this program. The conditions of this program are as follows:
A. Catastrophic Leave will be available only to employees who have exhausted
their own paid leave through bona fide serious illness or accident.
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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.
1. The availability of Catastrophic Leave shall not delay or prevent the City from
talcing action to medically separate or disability retire an employee.
J. Catastrophic Leave due to illness or injury of an immediate family member
may require medical justification as evidenced by a Physician's Statement that the
presence of the employee is necessary.
K. Catastrophic Leave due to illness or injury of the employee will require
medical justification as evidenced by a Physician's Statement as to the employee's ability
to perform normal duties.
ARTICLE 45. FAMILY LEAVE (FMLAJCFRA)
Family Leave (FMLA/CkRA) request procedures are established by City Manager
Administrative Directive, Section 200 -21 and are incorporated herein by reference, and
shat] govern.
ARTICLE 46. ON- THE -JOB INJURY
Sworn employees who are disabled by injury or illness arising out of and in the course of
their duties as public safety employees of the City shall be entitled to the benefits of
California Labor Code, Section 4850, as the Section now exists or is hereinafter
amended. Any payment made pursuant to this section shall not charged as sick leave;
sick leave and vacation benefits shall accrue during the period of disability pursuant to
the provisions of California Labor Code, Section 4850.
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ARTICLE 47. OFF- THE -JOB INJURY
An employee injured outside of his/her service with the City shall be compensated
through the disability insurance plan provided by the City.
ARTICLE 48. PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and
shall govern.
Section 2. The Association and the Union agree that all City Council Policies and City
Manager Administrative Directives are incorporated herein by reference, and shall
continue to govern.
ARTICLE 49. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period — Regular full -time appointment is
granted as follows:
•
A. The original appointment and promotional appointment of employees shall be
tentative and subject to a probationary period of twelve (12) months of service.
B. When unusual circumstances merit the extension of the probationary period,
the Chief of Police shall request in writing for the approval of City Manager. Said
extension shall not exceed one hundred eighty (180) calendar days. The Personnel
Department shall notify the Chief of Police and the probationer concerned no less than
two weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the Chief of
Police shall file with the Personnel Department a statement in writing that the retention of
the employee is desired. No actions changing an employee's status from probationary to
regular full -time shall be made or become effective until approved by the City Manager.
Section 2. Objective of Probationary Period — The probationary period shall be regarded
as a part of the testing process and shall be utilized for closely observing the employee's
work, for securing the most effective adjustment of a new employee to his/her position,
and for rejecting any probationary employee whose performance does not meet the
required standards of the Department.
Section 3. Employee Performance Appraisal — Appraisal are conducted as follows:
A. Each probationary employee shall have his performance evaluated at the end
of each three (3) months of service or at more frequent intervals when deemed necessary
by the Chief of Police. Permanent employees shall have their performance evaluated
annually or at more frequent intervals when deemed necessary by the Chief of Police.
Such evaluation shall be reported in writing and in the form approved by the Personnel
Department.
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B. The written appraisal report of an employee's performance evaluation shall be
filed in triplicates, the original to be filed with the Personnel Department and made a part
of the employee's personnel records, one copy to be retained by the Department, and one
copy to be given to the employee.
Section 4. Rejection of Probationary Employee — A probationary employee can be
rejected as follows:
A. During the probationary period an employee may be suspended, demoted, or
rejected anytime by the Chief of Police, with the approval of the City Manager, without
cause and without right of appeal, except the right of appeal of punitive actions as may be
provided by law. Notification of rejection in writing shall be served on the probationary
employee and a copy with the Personnel Department. A termination interview may be
conducted with each rejected probationer.
B. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his /her
reputation or seriously impairs his /her opportunity to earn a living, or which might
seriously damage his standing and association in this community. Where there is such a
deprivation of a "liberty interest," the employee shall be given pre - disciplinary
procedural due process as defined in the City of Seal Bach Personnel Rules and
Regulations and this Memorandum of Understanding. Prior to the disciplinary action
becoming final, the employee must be notified of his right to the appeal procedure.
ARTICLE 50. LAYOFF PROCEDURES
The policy for layoff procedures in the City of Seal Beach's Rules and Regulations are
incorporated herein by reference, and shall continue to govern.
ARTICLE 51. MOU REOPENERS
Section 1. The parties shall reopen any provision of this MOU for the purpose of
complying with any final order of a Federal or State Agency or Court of competent
jurisdiction requiring a modification or change in any provision or provisions of this
MOU, in order to comply with State or Federal laws.
ARTICLE 52. This article was intentionally left blank and has been reserved for future
use.
ARTICLE 53. NO STRIKE - NO LOCKOUT
Section 1. The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU they will not cause or condone any strike, walkout,
slowdown, sickout, or any other job action by withholding or refusing to perform
services.
30
Section 2. The City agrees that it shall not lockout its employees during the term of this
MOU. The term "lockout" is hereby defined so as not to include the discharge,
suspension termination, layoff, failure to recall or failure to return to work of employees
of the City in the exercise of its rights as set forth in any of the provisions of this MOU or
applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above
may be subject to disciplinary action up to and including discharge.
Section 4. In the event that any one or more officers, agents, representatives or members
of the Association engage in any of the conduct prohibited in Section 1 above, the
Association shall immediately instruct any persons engaging in such conduct that they
must immediately cease engaging in conduct prohibited in Section 1 above and return to
work.
ARTICLE 54. EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of
God, fire, flood, insurrection, civil disorder, national emergency or similar circumstances
if the City Manager or his/her designee so declares, any provisions of this MOU or the
Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to
these emergencies, shall be suspended for the duration of such emergency. After the
emergency is declared over, the Association shall have the right to meet and confer with
the City regarding the impact on employees of the suspension of these provisions in the
MOU and any personnel rules and policies.
ARTICLE 55. SEPARABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full force and
effect.
ARTICLE 56. SAVINGS CLAUSE
Section 1. Both parties declare that the sections, paragraphs, sentences, clauses and
phrases of this Memorandum of Understanding are severable, and if any phrase, clause,
sentence, paragraph or section of the Memorandum of Understanding hereby adopted
shall be declared unconstitutional or otherwise invalid by the judgment or decree of a
court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
of the remaining phrases, clauses, sentences, paragraphs and sections of this
Memorandum of Understanding.
31
ARTICLE 57. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratification by the required number of duly authorized representatives of the
Association. Following such ratification, approval and adoption, the Memorandum of
Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or
other written action of the City Council.
For the City: For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:
Date: Date: 5130110
David Carmany, City Manager Serge- nt Joe Miller
Date: Date: - -/ )
Robbeyn Bird, Director of Administrative Ser e'ant n LaVelle
Services
Date: 3/3
Date:
A
`ergean\ C.wles
Jill Ingram, Assistant to the City Manager
Date:
Jeff Kirkpatrick, Chief of Police
32
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers. Officers work
out on their off duty time and may, depending upon availability of funds and staffing
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each 6 month period. Officers may receive up to
20 hours of vacation time by meeting the requirements of the test at the end of each six
month period. The maximum time each officer will be able to achieve is up to 40
vacation hours eamed annually for as long as the officer continues successfully in the
program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and
advise them of your intent. You will need to have a doctor's release to allow you to
participate in the program. A copy of the physical requirements of the physical fitness
program should be reviewed by your doctor when obtaining your release. For details of
the annual physical exam refer to Article 32 of the S.B.P.M.A. M.O.U.
TESTING
Each officer participating will be tested every six months, specifically in the months of
January and July. A minimum level has been established for each test. Participants will
have to move up a category or reach maintenance level indicated on each test by age
group. At one: year and six months, participants will be required to be at the maintenance
level. Once the maintenance level has been attained, participants will have to maintain
that level on subsequent tests. Testing each six month period will validate the awarding
of vacation time. Testing may be conducted during on -duty hours at the Watch
Commanders discretion. The Physical Fitness Committee will perform the testing.
Initial program tests will be conducted in February 1998, June 1998 and December 1998.
ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as set forth
in TESTING above. No employee shall receive any hours if they fail to meet the
minimum standards for at least three of the five tests. For the December 1998 testing
• only, employees shall receive eight (8) hours per successfully completed test.
PHYSICAL FITNESS COMMI"T"TEE
The Physical Fitness Committee shall be comprised of four (4) members - two to be
appointed by the SBPOA Board of Directors, and two to be appointed by the Chief of
Police. The Physical Fitness Committee is established to retain administrative control
over the program. All committee members shall be active participants in the program.
The committee will be responsible for examining problems and disputes that arise from
the administration of the program. The committee will be the formal arbitrators on these
33
matters.
VALIDATED MEDICAL PROBLEM CLAUSE
Those officers who for validated medical reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated medical problems are those diagnosed by a physician as limiting
participation in a certain activity.
REQUIRED TEST
The physical fitness needs of Police Officers fall into three areas:
Cardio Fitness Strength Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as
necessary.
The tests used in this program to evaluate fitness in these areas will be:
Cardio fitness 1.5 Mile run
Strength Push -ups Sit -ups Pull -ups
Flexibility Forward Stretch
MEDICAL COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation, The city
will not provide blanket coverage for any injury which could conceivably be claimed
under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to beginning
program participation.
CARDIO FITNESS TESTS -1.5 Mile Run
Officers will run a 1.5 mile course established by the Training Unit. The time needed to
cover the distance is recorded and compared to the standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it measures
ones aerobic capacity or the ability of the heart and lungs to utilize oxygen.
Under 30 30 -34 35 -39 40-44
Below Below Below Below
Excellent 10:15 11:00 11:30 12:00
Good 10:16 -12:00 11:01 -12:30 11:31 -13:00 12:01 -13:30
Fair 12:01 -14:30 12:31 -15:00 13:01 -15:30 13:31 -16:00
Poor 14:31 -16:30 15:01 -17:00 15:31 -17:30 16:01 -18:00
Very Poor 16:31 -Above 17:01 -Above 17:31 -Above 18:01 -Above
Maint. Level 11:00 12:00 12:30 13:00
Minim. Level 14:30 15:15 15:30 15:45
34
40 -49 50 +
Below - Below
Excellent 12:15 12:30
Good 12:16 -13:45 12:31 -14:30
Fair 13:46 -16:15 14:31 -17:00
Poor 16:16 -18:15 17:01 -19:00
Very Poor 18:16 -Above 19:01 -Above
Maint Level 13:30 14:00
Minim. Level 16:00 16:45
STRENGTH TESTS
The body is maintained in a prone position supported by straight arms on the hands and
toes. A partner places his fist on the ground below the officer's chest. The officer must
keep his back straight at all times and from the up position, lower him/herself to the floor
until his chest touches his partner's hand and then push to the up position again. Officer's
can rest in the up position. The total number of correct push -ups are recorded and
compared to the standards on the chart.
This test measures muscle endurance and a low level of muscle endurance indicates an
inefficiency in movement and a poor capacity to perform work. This test measures
mainly the muscles of both the chest and upper arm which are important in physical
confrontations such as pushing, pulling, controlling, and handcuffing.
Under 30 30 -39 40-49 50+
Excellent 43 - 37 - 30 - 25+
Good 28-42 23 -36 20 -29 17 -24
Fair 20 -27 17 -22 15 -19 12 -16
Poor 5 -19 3 -16 2 -14 2 -11
Very Poor 4 -Below 2 -Below 2 -Below I -Below
Maint, Level 40 35 25 18
Minim. Level 18 15 13 11
PULL -UPS
Officer will hold bar with the palms away from the body. Arms are extended out straight
in the beginning position with the feet off the ground. Officer must pull his body up to a
position where his chin is above the bar for one repetition; the total number of correct
pull -ups are recorded and compared to the standards on the chart.
In lieu of pull -ups, officers may choose to do the "La Pull ". Officers are required to pull
down 70 percent of their body weight ten times in order to achieve maintenance level.
Under30 30 -39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6 -7 4 -5 3-4 2 -3
Poor 5 3 2 1
Very Poor 4 & above 2 & under 1 & under 0
Maint Level 8 6 5 4
Minim. Level 5 3 2 1
SIT -UPS
Officer starts by lying on his /her back, knees bent heels flat on the floor and arms folded
35
across the chest. A partner holds the feet down. In the up position, the officer will touch
his elbows to his knees and then return to the starting position, not placing their shoulder
blades on the ground before starting the next sit -up. This is a continuous exercise, no
resting. The total number of correct sit -ups are recorded and compared to the standards
on the chart.
This test measures muscular endurance in the abdominal muscle group, an area of great
concern to the sedentary individual. Much evidence exists of the correlation between
poor abdominal muscle development, excessive fat tissue and lower back problems.
*1 CONTINUOUS MINUTE *
Under 30 30 -39 40 -49 50+
Excellent 51 & above 45 & above 40 & above 36 & above
Good 40 -50 34-44 27 -39 23 -39
Fair 35 -39 29 -33 20 -26 16 -22
Poor 24-34 18 -28 7 -19 6 -15
Very Poor 23 - 17 - 6 - 5 -
Maint. Level 45 40 35 30
Minim. Level 30 25 20 15
FLEXIBILITY
Officer sits on the ground with his legs out straight in front of him. Heels of feet are
placed against a 4 X 4 or similar object. Officer bends forward and reaches towards his
toes with his fingertips as far as he can. The distance above or below his heels is
measured. The distance is recorded as plus or minus inches. Plus inches is below the
heels and negative is above the heels. Compare the results against the standards on the
chart.
Under 30 30 -39 40-49 50+
Excellent +10" & below +9" & below +8" & below +7" & below
Good +4" to 9.5" + 3.5" to 8.5" +1" to 7.5" 0 to +6.5"
Fair +1.5" to 3.5" +1" to 3" -2" to +.5" -3" to -.5"
Poor -4.5" to +1" -6.5" to +.5" -9" & above -10" to 3.5"
Very Poor -5" & above -7" & above -9.5 & above - 10.5 "& above
Maint. Level +5" +4" +1" 0"
Minim. Level 0" -2" 4" -5"
36
SEAL BEACH POLICE OFFICERS
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
FISCAL YEARS
2010 - 2013
del ez
• yfiLt
• - m •
� - " ' t
• •• - ' •
eliFORN\- .
EXPIRES ON JUNE 30, 2013
SEAL BEACH POLICE OFFICERS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE I - RECOGNITION 1
Section 1. 1
Section 2. 1
Section 3. 1
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS 1
Section 1. Dues and Benefit Deductions 1
Section 2. Other Deductions 2
ARTICLE DI - CITY RIGHTS 2
Section 1. 2
Section 2. 3
• ARTICLE IV - NON-DISCRIMINATION 3
Section 1. 3
Section 2. 3
ARTICLE V - COMPENSATION PLAN 3
Section 1. Basic Compensation Plan 3
• Section 2. Advancement within Salary Grades 4
Section 3. Salary Increases Following Promotion 4
Section 4. Salary Decreases Following Demotion 4
Section 5. Adjustments of Salary Grades 5
Section 6. Salary and Benefits on Suspension 5
Section 7. Salaries during Term of Memorandum of Understanding 5
ARTICLE VI - SPECIAL PAY PROVISIONS 6
Section 1. Uniform Allowance and Safety Equipment 6
Section 2. Temporary Assignment Pay 6
Section 3. Court Time • 7
Section 4. Call-back 7
Section 5. Training Programs 7
Section 6. Educational Incentive Pay - 8
Section 7. Stand-by Pay 9
Section 8. Experience Pay 9
-- For Employees Hired On or Before June 30, 2010: 9
-- For Employees Hired On or After July 1, 2010: 10
Section 9. Movie Detail 10
Section 10. Bilingual Compensation 10
Section 11. Cash Payment 11
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION 11
Section 1. Administration 11
Section 2. Selection and Funding 11
Section 3. Limits 11
Section 4. Changes 12
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND
DISABILITY INSURANCE 12
Section 1. Health Care Coverage 12
Section 2. Health Insurance Plan for Retirees 12
Section 3. Life Insurance Plan 13
Section 4. Disability Insurance Plan 13
Section 5. Premium Only Plan (pre-taxed deduction) 14
Section 6. Annual Physical 14
ARTICLE IX - RETIREMENT 14
Section 1. 14
Section 2. 14
ARTICLE X - HOURS OF WORK 14
Section 1. Work Period 14
Section 2. Three- Twelve Work Schedule 15
ARTICLE XI - OVERTIME COMPENSATION 15
Section 1. Overtime Defined 15
Section 2. Compensation for Overtime 16
Section 3. Compensatory Time 16
Section 4. Overtime Reporting 16
ARTICLE XH - HOLIDAYS 16
Section 1. 16
Section 2 17
Section 3 17
Section 4 19
II
ARTICLE XIII - VACATION 19
Section 1. Eligibility 19
Section 2. Accrual 19
Section 3. Maximum Accrual 20
Section 4. Use of Vacation 20
Section 5. Vacation Payment at Termination 20
Section 6. Vacation Accrual During Leave of Absence 20
Section 7. Prohibition Against Working for City During Vacation 21
ARTICLE XIV - LEAVES OF ABSENCE 21
Section 1. Authorized Leave of Absence Without Pay 21
Section 2. Bereavement Leave 21
Section 3. Military Leave of Absence 22
Section 5. Unauthorized Absence 22
Section 6. Catastrophic Leave 22
ARTICLE XV - JURY DUTY 23
ARTICLE XVI - SICK LEAVE 24
Section 1. General Sick Leave Provisions 24
Section 2. Eligibility 24
Section 3. Accrual 24
Section 4. Accumulation and Payment 24
Section 5. Sick Leave During Vacation 25
Section 6. Extended Sick Leave 25
Section 7. Family Leave 26
Section 8. On The Job Injury 26
Section 9. Off The Job Injury 26
ARTICLE XVII - PROBATIONARY PERIODS 26
Section 1. Appointment Following Probation Period 26
Section 2. Objective of Probationary Period 27
Section 3. Employee Performance Appraisal 27
Section 4. Rejection of Probationary Employee 27
ARTICLE XVIII - LAYOFF PROCEDURES 28
ARTICLE XIX - MISCELLANEOUS PROVISIONS 28
Section 1. Tuition Reimbursement 28
Section 2. Physical Fitness Program 29
III
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING 29
Section 1. 29
Section 2. 29
Section 3. 29
ARTICLE XXI - CONCERTED REFUSAL TO WORK 29
Section 1. Prohibited Conduct 29
Section 2. Association Responsibility 30
ARTICLE XXII - EMERGENCY WAIVER PROVISION 30
ARTICLE XXIII - SEPARABILITY 30
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS 31
ARTICLE XXV - MOU REOPENERS 31
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING 31
Section 1. 31
Section 2 31
ARTICLE XXVII - RATIFICATION 31
EDIT A 33
IV
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
ARTICLE I - RECOGNITION
Section 1. Pursuant to the provisions of the Employer- Employee Relations Ordinance No.
769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer"
interchangeably) has recognized, for the purpose of this Memorandum of Understanding
(MOU), the Seal Beach Police Officers Association ( "SBPOA" and/or "Association"
interchangeably) as the majority representative of the employees in the bargaining unit,
which includes Police Department full -time employees in the classifications and
assignments of: a) Police Officer and b) Police Corporal.
Section 2. The City recognizes the Association as the representative of the employees in the
classifications and assignments set forth in Section 1. above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyers -Milias-Brown Act,
Government Code Section 3500 et esq., when City Rules, Regulations, or laws affecting
wages, hours, and/or other terms and conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of Association, not to exceed six (6) in
number, shall be entitled to meet and confer with Management during said representatives'
normal working hours without suffering any loss in pay while absent from the duties for
such purpose, providing that such time per person shall not be unreasonable. The City also
agrees that such representatives may utilise not more than six (6) hours per month or
seventy -two (72) hours per year without suffering any loss in pay for such absence for the
purpose of meeting with employees who are represented by the Association and/or other
officers of Association.
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS
Section 1. Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all employees represented
by the Association for regular and periodic dues and benefit program premiums as specified
by agreement between the City and the Association and signed by the member. The
Authorization Form content shall be mutually agreed to by the Association and the City.
B. The City shall remit such funds to the Association within twenty -one (21)
1
calendar days following the deductions.
C. With regard to deductions under this Section 1, the Association agrees to hold
the City harmless and indemnify the City against any claims, causes of actions, or lawsuits
arising out of the deductions or transmittal of such funds to the Association, except the
intentional failure of the City to transmit to the Association monies deducted from the
employees pursuant to this Section.
Section 2. Other Deductions
The City shall make payroll deductions for purposes of an employee depositing funds or
making payments directly to a Federal Credit Union, providing that any deductions shall not
be less than two dollars ($2.00) on a bi- weekly basis.
ARTICLE III - CITY RIGHTS
Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this MOU or
by law in the exercise of its rights to manage the business of the City, as such rights existed
prior to the execution of this MOU. The sole and exclusive rights of management, not
abridged by this MOU or by law, shall include, but not be limited to, the following rights:
A. To determine the nature, manner, means, technology and extent of services and
activities to be provided to the public.
B. To determine and/or change the facilities, methods, technology, means and size
of the work force by which the City operations are to be conducted.
C. To determine and change the number of locations, and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract for any work or operation.
D. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
E. To establish and modify employee performance standards and productivity and
performance programs including, but not limited to, quality and quantity standards, and to
require compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to maintain
order, safety and efficiency in the City, its facilities and operations.
G. To determine policies, procedures and standards for the selection, training and
promotion of employees.
H. To discharge, suspend, demote or otherwise discipline employees for proper
2
cause in accordance with the provisions and procedures set forth in departmental
disciplinary procedure.
Section 2. Where the City is required to make changes in its operations because of the
requirements of law, or whenever the contemplated exercise of City Rights shall impact the
wages, hours, and other terms and conditions of employment of the bargaining unit, the City
agrees to meet and confer in good faith with representatives of the Association regarding the
impact of the contemplated exercise of such rights prior to exercising such rights, unless the
matter of the exercise of such rights is provided for in this MOU.
ARTICLE IV - NON - DISCRIMINATION
Section 1. The City and the Association agree that they shall not discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations. The City and the Association shall reopen any provision of this MOU for the
purpose of complying with any final order of the federal or state agency or court of
competent jurisdiction requiring a modification or change in any provision or provisions of
this MOU in compliance with state or federal anti- discrimination laws.
Section 2. Whenever the masculine gender is used in this MOU, it shall be understood to
include the feminine gender.
ARTICLE V - COMPENSATION PLAN
Section 1. Basic Compensation Plan
A. All employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a monthly base
salary grade adopted by the City Council. The salary schedule shall consist of five (5) steps
within each grade.
B. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the normal
entering salary step within the assigned grade upon the recommendation of the Chief of
Police and the approval of the City Manager when it is decided that such action is in the
best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at the end of
six (6) months of employment subject to the recommendation of the Police Chief and
approval of the City Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee
to improve his work and to recognize increased skill on the job. Employees are normally
eligible for these adjustments at any time after the completion of one (1) year of service at
3
the preceding step. Each adjustment may be made subject to the recommendation of the
Chief of Police and approval of the City Manager.
Section 2. Advancement within Salary Grades
A. In order to properly compensate an employee, advancement in base salary shall
be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased
service value of the employee to the City.
C. The Chief of Police and/or the employees' immediate supervisor shall be
responsible to evaluate employees fairly in an unbiased fashion for the determination of job
performance. Advancement shall be made only upon recommendation of the Chief of
Police with approval of the City Manager.
D. An employee must be reviewed at least once every twelve (12) months from the
effective date of his last performance step increase, special performance advancement or
promotion. Nothing contained herein shall restrict the Chief of Police from denying the
increase after evaluation, nor shall it prevent him from recommending special performance
advancement in salary at any time when unusual or outstanding achievement has been
demonstrated.
E. It shall be the responsibility of each supervisor to establish realistic achievement
levels for each step increase within a base salary grade. Achievement levels may be formal
or informal and shall be reviewed by the Chief of Police for the purpose of maintaining
uniformity of standards throughout the department.
Section 3. Salary Increases Followina Promotion
A. Promotional Appointment - When an employee is promoted to a position with a
higher base salary grade, the employee shall be compensated at a step of the salary grade
assigned to the new position that is closest to providing a five percent (5 %) salary increase
over the monthly base salary received immediately prior to promotion.
B. Temporary Appointment - In special circumstances, when in the best interest of
the City, the City Manager may approve a temporary assignment of an employee to a
higher -level classification. In such temporary assignments lasting thirty (30) consecutive
calendar days or more, the employee shall be compensated at a step of the monthly base
salary grade assigned to the new position that is closest to providing a five percent (5 %)
salary increase over the monthly base salary received immediately prior to the temporary
appointment.
Section 4. Salary Decreases Following Demotion
In the case of a demotion of any employee represented by the Association to a
4
classification with a lower maximum salary, such employee shall be assigned to the
appropriate salary step in the new classification as recommended by the Chief of Police and
approved by the City Manager. The employee shall retain his previous anniversary date.
Section 5. Adjustments of Salary Grades
When a salary grade for a given classification is revised upward or downward, the
incumbents of positions and classifications affected shall have their existing monthly base
salary adjusted to the same relative step in the new salary grade and their anniversary date
shall not be changed.
Section 6. Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee shall forfeit all
rights, privileges and salary, except he shall not forfeit his Healthcare health plans including
dental, disability insurance, or life insurance. Should such suspension be later modified or
revoked, the employee shall be entitled to receive payment for loss of income and benefits
for any portion of the suspension that is disapproved.
Section 7. Salaries during Term of Memorandum of Understanding
The following salary grade increases shall be provided to employees represented by the
Association. The salary grade increases shall be effective during the first payroll period
commencing during the indicated month of the following indicated years. The actual
percentage salary grade increase shall be determined by reference to the change in the Los
Angeles - Riverside -Orange County, California Consumer Price Index [All Items, All
Urban Consumers published by the U.S. Department of Labor, index base period (1982-
84 =100) and not seasonally adjusted] (CPI -U). The one -year time period for assessing a
percentage change in the CPI -U shall be from the month of April of the prior year to the
month of April of the year in which a salary grade increase is effective. For example, the
salary grade increase that will be effective in July 2011 will be calculated with reference
to the change in the CPI -U between April 2010 and April 2011. If the percentage
increase in the CPI -U is equal to or less than two percent (2 %), the associated increase in
the salary grade shall be two percent (2 %). If the percentage increase in the CPI -U is
equal to or greater than five percent (5 %), the associated increase in the salary grade shall
be five percent (5 %). If the percentage increase in the CPI -U is between two percent
(2 %) and five percent (5 %), the associate increase in the salary grade shall be equal to the
percentage increase in the CPI -U.
1) Effective the first payroll period in July 2011:
Position Grade Increase
Police Officer 27 Two to Five percent (2% - 5 %)
Police Corporal 29 Two to Five percent (2% - 5 %)
5
2) Effective the first payroll period in July 2012:
Position Grade Increase
Police Officer 27 Two to Five percent (2% - 5 %)
Police Corporal 29 Two to Five percent (2% - 5 %)
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a traditional uniform, shall
receive an annual uniform allowance of eight hundred dollars ($800) effective the first
payroll period following July 1st of each fiscal year. An officer assigned as a motor officer
shall receive an additional annual uniform allowance of two hundred forty dollars ($240)
effective the first payroll period following July 1s of each fiscal year.
B. The City shall provide the initial issue of uniforms to include two (2) pants and
two (2) shirts and utility equipment to include weapon, safety helmet, baton, and other
safety equipment as required by law or deemed necessary by the City. The City shall
replace and/or repair any equipment damaged within the course and scope of the
employee's employment. Recurring maintenance, repair and/or replacement due to normal
wear shall be the responsibility of the employee.
C. An employee assigned as a motor officer shall receive an initial issue of required
uniform items incident to such duty. Such items include, but are not limited to: jacket,
boots, gloves, and two (2) pair of trousers.
Section 2. Temporary Assignment Pay
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer
performing duties of a Field Training Officer for Regular Police Officer Trainees shall
receive one -hour compensation at straight time either as pay at employee base hourly rate of
pay or compensatory time off for each shift of recruit training. A shift shall be understood
to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible employee
performing the duties of a Field Training Officer for Voluntary Reserve Officers shall
receive one (1) hour compensation at straight time either as pay at employee base hourly
rate of pay or compensatory time off for each shift of recruit training. A shift shall be
understood to be six (6) or more hours.
C. Motorcycle Officer - An officer assigned as a motor officer shall be paid two and
two- thirds (2 -2/3) hours at the rate of one and one -half (1 -1/2) times the employee's base
hourly rate of pay per month in caring for the motorcycle and related equipment required in
said assignment.
6
D. Orange County Regional Lab Team — An officer assigned as an on-call
investigator in any specialty for the Orange County Regional Lab Team for the purpose of
responding to clandestine drug laboratories shall receive four hours compensation at
(straight time) as either pay at employee base hourly rate of pay or compensatory time off
per month for being subject to callout.
Section 3. Court Time
A. An employee called for a subpoenaed court appearance which arises out of the
course of his employment and not contiguous with his work shift shall be compensated for a
minimum of two- and - two - thirds (2 -2/3) hours at the rate of one and one -half (1 -1/2) times
the employee's base hourly rate of pay. Should the appearance exceed two and two- thirds
(2 -2/3) hours, the employee shall receive pay for the actual appearance time, excluding any
court designated lunch period, at the rate of one and one -half (1 -1/2) times the employee's
regular hourly rate of pay. Court appearance time shall begin when the employee departs
from the Police station to go directly to Court.
B. Any appearance that is contiguous with a regular work shift is not subject to the
two and two- thirds (2 -2/3) hours minimum. Any appearance that is contiguous with a
regular work shift is not subject to the one and one -half (1 -1/2) time rate unless the court
appearance otherwise qualifies as overtime under this MOU.
C. All employees agree to comply with the "on- call" policies administered by the
department. Should an officer be placed "on -call" during off duty hours for court
appearance(s), he shall be granted two hours pay at the employee's straight time base hourly
rate of pay for any on call time prior to 12:00 noon and two (2) hours for all "on -call" time
after 12:00 noon.
Section 4. Call -back
Employees who are called back to duty after having completed a normal shift or work day
assignment and departed from the work premises shall be paid one and one -half (1 -1/2)
times the employee's straight time base hourly rate of pay for each hour worked on call-
back. The number of hours calculated at one and one -half (1 -1/2) times shall not be less
than four hours. Should a call-back exceed four (4) hours, the employee shall receive pay
for the actual call -back time, at the rate of one and one -half (1 -1/2) times the employee's
regular hourly rate of pay. Call -back time shall commence from the time the employee is
called back to service.
Employees who are off duty and respond for departmental training, qualification or
meetings shall be compensated a minimum of two and two- thirds (2 -2/3) hours per incident.
This time shall be calculated at one and one -half (1 -1/2) times the employee's base hourly
rate of pay. Should the incident exceed two and two - thirds (2 -2/3) hours, the employee
shall receive pay for the actual incident time, at the rate of one and one -half (1 -1/2) times
the employee's regular hourly rate of pay.
Section 5. Training Programs
A. The City shall pay reasonable expenses incurred by employees attending
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approved training programs. Expenses include registration fees and the costs of purchasing
required course materials, travel to and from the training course, meals and lodging shall be
reimbursed per the City's adopted Per Diem policy.
B. When an employee is sent by the City to a training program which is not a part of
his regular work schedule, the employee shall receive eight (8) hours pay for each full day
of training and such eight (8) hours pay shall be credited towards the computation of
overtime.
Section 6. Educational Incentive Pay -
A. Employees covered by this section who have completed forty -five (45) semester
units of credit from an accredited college or university with at least sixteen (16) units in the
field of Police Science shall receive the following compensation in addition to their monthly
base salary:
Police Officer /Police Corporal $175.00 /month
B. Employees covered by this section who have completed sixty (60) semester units
of credit from an accredited college or university with at least nineteen (19) units in the field
of Police Science or have attained a POST Intermediate Certificate shall receive the
following compensation in addition to their monthly base salary:
Police Officer/Police Corporal $275.00 /month
C. Employees covered by this section who have completed a Bachelor's Degree
from an accredited college or university with at least twenty -two (22) units in the field of
Police Science or have attained a POST Advance Certificate shall receive the following
compensation in addition to their monthly base salary:
Police Officer /Police Corporal $375.00 /month
D. The above payment compensation shall be based on achievements over and
above the job requirements established in the position classification plan for each
classification. Payment to employees shall be based on the highest achievement level only;
e.g., employees with an Associate's and Bachelor's degree will receive compensation for the
Bachelor's degree only.
E. Employees receiving Educational Incentive Pay shall not lose that pay if they are
promoted to a classification which requires the education for which the employee is
receiving the additional pay. If the minimum educational requirements are lawfully
changed during the term of the MOU, employees receiving educational incentive pay will
not be affected by such change and will not suffer any loss of such incentive pay.
F. All payments under this Section are subject to verification and approval by the
City Manager.
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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 who are specifically assigned to respond, twenty -four
hours per day, to incidents shall receive eight (8) hours of compensatory time off per
month. During any such month where the employee is so assigned for less than the entire
month, the number of compensatory time off hours shall be reduced in an amount reflecting
the pro -rated monthly time during which the employee was so assigned. Such
compensatory time off hours shall be maintained in an account separate from and in
addition to compensatory time off hours described in Article XI, Section 3. Any
compensatory time off hours earned in accord with this Section, and not utilized by July
31st of any year shall be forfeited effective July 31st of any year and not converted to cash.
C. Each affected employee who is assigned to the Detective Bureau and who is on
"standby" weekend duty shall be provided two (2) hours (at straight time) of compensatory
time off or pay at employee base hourly rate of pay per each weekend day. "Weekend" is
described as Saturday, Sunday or any holiday preceding or following the weekend day, in
the absence of any normally assigned detective.
Section 8. Experience Pay
-- For Employees Aired On or Before June 30, 2010:
A. Qualified employees represented by the Association with a minimum of ten (10)
years of full time service as a sworn peace officer with a Municipal, County or State Police
agency meeting POST standards, or their equivalent, shall be eligible to receive experience
pay.
B. To qualify for experience pay, an employee must meet the minimum years of
service required and receive an overall satisfactory performance appraisal signed by the
Chief of Police, his designate or an individual acting in his capacity.
C. Experience Pay shall be as follows:
1. After ten (10) years of service, experience pay shall be paid at a rate of
five percent (5 %) of the qualified employee's monthly base salary.
2. After twenty (20) years of service, experience pay shall be paid at a rate
of ten percent (10 %) of the qualified employees' monthly base salary.
3. After twenty -five (25) years of City of Seal Beach sworn peace officer
service (only service with the City of Seal Beach shall apply), experience pay shall be
paid at a rate of fifteen percent (15 %) of the qualified employee's monthly base salary.
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4. Experience pay is not cumulative. Thus, an employee will only receive
the highest level of experience pay for which the employee is qualified. For example,
an employee reaching 20 years of qualifying service stops receiving the 5% level of
experience pay and begins receiving only the 10% level of' experience pay. Such an
employee does not receive both the 5% level and the 10% level, at the same time.
•
— For Employees Hired On or After July 1, 2010:
A. Qualified employees represented by the Association with a minimum of ten (10)
years of full time service as a sworn peace officer with the City of Seal Beach shall be
eligible to receive experience pay.
B. To qualify for experience pay, an employee must meet the minnnuur years of
service required and receive an overall satisfactory performance appraisal signed by the
Chief of Police, his designate or an individual acting in his capacity.
C. Experience pay shall be as follows:
1. After ten (10) years of City of Seal Beach sworn peace officer service,
experience pay shall be paid at a rate of five percent (5 %) of the qualified employee's
monthly base salary.
2. After twenty (20) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of ten percent (10 %) of the qualified
employee's monthly base salary.
3. After twenty -five (25) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of fifteen percent (15 %) of the qualified
employee's monthly base salary.
4. Experience pay is not cumulative. Thus, an employee will only receive
the highest level of experience pay for which the employee is qualified. For example,
an employee reaching 20 years of service as a sworn peace officer with the City of Seal
Beach, stops receiving the 5% level of experience pay and begins receiving only the
10% level of experience pay. Such an employee does not receive both the 5% level and
the 10% level, at the same time.
Section 9. Movie Detail
Unit employees shall be paid seventy dollars ($70) per hour for outside movie details. It is
understood that time spent on movie details is brokered outside work and is not considered
time worked for the purpose of calculating City overtime compensation.
Section 10. Bilingual Compensation
Upon the recommendation of the Chief of Police, the City Manager may award a bilingual
compensation bonus of fifty -two dollars and fifty cents ($52.50) per payroll period to an
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officer utilized . by the Department for his /her bilingual skills. The City Manager shall
require the taking of competency tests to certify the employee as eligible for bilingual
compensation based on the employee's proficiency in speaking the language determined to
be required. Such certification shall be a condition precedent to qualifying for bilingual
compensation.
Section 11. Cash Payment
A cash payment of One Thousand Dollars ($1,000) per employee shall be provided to
employees represented by the Association who are employed on the effective date of this
MOU. The cash payment shall be made during the first payroll period that commences
after this Memorandum of Understanding has been ratified, approved, and adopted in
accordance with Article XXVII. The cash payment will be made in lieu of a salary
increase at the beginning of this three -year MOU and thus shall not be used in calculating
any employee's regular rate of pay.
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any fringe benefit
programs that now exist or may exist in the future during the term of this MOU unless
otherwise specified within this MOU.
Section 2. Selection and Funding
In the administration of the fringe benefit programs, the City shall have the right to select
any insurance carrier or other method of providing coverage to fund the benefits included
under the terms of the MOU, provided that the benefits of the employees and affected
retirees shall be no Less than those in existence as of implementation of this MOU.
Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee on unpaid leave status, for more than fourteen (14) consecutive
calendar days, unless specifically provided for within this MOU, authorized by the City
Manager or otherwise provided for by federal or state "Family Leave Acts" and/or "Workers
Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee who has been absent without authorization during said month,
suspended without pay, or who has terminated from City employment unless specifically
provided for within this MOU.
C. City shall not pay premiums or accrue any fringe benefits afforded with this
MOU for any employee when such premiums or fringe benefits are provided to the
employee through Workers Compensation and/or the Disability Insurance Plan.
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Section 4. Changes
If, during the term of this MOU, any changes of insurance carrier or method of funding for
any benefit provided hereunder is contemplated, the City shall notify the Association prior
to any change of insurance carrier or method of funding the coverage.
ARTICLE VIII - IIEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE
Section 1. Health Care Coverage
A. "Health Care Coverage" The City shall contribute an equal amount towards
the cost of Healthcare coverage under PEMHCA for both active employees and retirees.
The City's contribution toward coverage under PEMHCA shall be the minimum
contribution amount established by CaIPERS on an annual basis. Effective January 1,
2008 the City's contribution under PEMHCA shall be $97.00.
The City has implemented a full flex cafeteria plan and employees participating in the
City's full flex cafeteria plan shall receive a flex dollar allowance to purchase group
health coverage under the City's Cafeteria plan. The monthly flex dollar allowance shall
be:
Calendar Year 2010 2011 2012 2013
For single employees: $550 $650 $850 $1050
For employee +1 dependent: $850 $950 $1150 $1350
For employee + 2 or more dependents: $1100 $1200 $1400 $1600
A portion of the flex dollar allowance ($97.00) is identified as the City's
contribution towards PEMHCA. The PEMHCA contribution will be subject to
change as the PEMHCA minimum contribution increases. Remaining flex dollars
will be used by employees to participate in the City's health plans.
B. Subject to Public Employees' Retirement System (PERS) administration
requirements, the City shall make available to eligible employees participation in the group
Healthcare plans offered by PERS.
C. Employees who elect not to participate in the full flex cafeteria plan may receive
three hundred and ten dollars ($310) per month (upon showing proof of health insurance
coverage under an alternative plan.) Election forms are available in the Personnel Office.
Section 2. Health Insurance Plan for Retirees
A. The City shall provide to any retired employee (either service or disability),
who is hired after August 1, 1983 and on or before December 31, 2007, and retires after
December 31, 2009, and who has attained the age of fifty (50) the following group health
care insurance benefits:
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1. If the employee has fifteen (15) or more years of full -time City of Seal
Beach service, the City shall pay for such retired employee at the rate of (a) the average of
the two (2) lowest cost health care plans offered by Ca1PERS, or (b) the CaIPERS Kaiser
HMO, whichever is greater. When the retired employee becomes Medicare eligible, the
City's contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
2. If the employee has twenty (20) or more years of full-time City of Seal
Beach service, the City shall pay such retired employee and one dependent, depending on
the qualified dependent status, the group health care insurance premium at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CaIPERS, or (b) the
CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by CalPERS, or (b) the CaIPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
3. If the employee has twenty -five (25) or more years of full -time City of
Seal Beach service, the City shall pay such retired employee and dependents, depending on
the qualified dependent status, the group health care ins premium at the rate of (a) the
average of the two (2) lowest cost health care plans offered by CaIPERS, or (b) the
CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the
two (2) lowest cost Medicare supplement plans offered by Ca1PERS, or (b) the CaIPERS
Kaiser HMO Medicare supplement plan, whichever is greater.
B. The City shall provide to any retired employee (either service or disability) who
is hired on or after January 1, 2008, and who has both fifteen (15) or more years of full-time
City of Seal Beach service and has attained the age of fifty (50) the following group
Healthcare insurance benefits:
1. The City shall contribute the minimum PEMHCA rate as determined by
Ca1PERS.
Section 3. Life Insurance Plan
The City shall pay 100% of the premium for a term life insurance policy with a face value
of $50,000, double indemnity accidental death benefit and a dependent death benefit in
the amount of $1,000 per dependent.
Section 4. Disability Insurance Plan
The City shall pay one hundred percent (100 %) of the premium for the "employee's" long-
term disability insurance plan with an income continuation of not less than sixty -six and
two- thirds percent (66 -2/3 %) of the employee's monthly base salary subject to caps and
eligibility requirements as set forth within the policy of the accepted carrier. Modifications
to the plan shall be made only after the City has met and consulted with the Association.
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•
Section 5. Premium Only Plan (pre -taxed deduction)
The City will provide a Premium Only Plan (POP) for health and dental benefits. This plan
will allow for payroll deduction healthcare and dental insurance coverage to be made before
taxes (non - taxable) through salary reduction.
Section 6. Annual Physical
The City shall provide a physical exam periodically as indicated below for the purpose of
detecting heart trouble and cancer. The exam shall be given by a City appointed physician
who is acceptable to the Association. Cost of said physical exam shall be borne by the City.
The resulting diagnosis shall be submitted to the City as well as the employee together with
specifics of corrective treatment.
Physical Exam Schedule:
1. New Employee Second year following appointment
2. Employee under 40 Alternate years
3. Employee 40 & over Every year
ARTICLE IX - RETIREMENT
Section 1. The City shall contract with PERS for a two -tier retirement plan. The two tiers
shall be three percent (3 %) at age fifty (50) and two percent (2 %) at age fifty (50).
A. For public safety employees covered by this MOU who were hired by the City
before the effective date of the two -tier retirement plan, the City shall make contributions to
the PERS plan known as three percent (3 %) at fifty (50) with those benefit options as
provided for in the contract between the City and PERS.
B. For public safety employees covered by this MOU who were hired by the City
on or after the effective date of the two -tier retirement plan, the City shall make
contributions to the PERS plan lmov ni as two percent (2 %) at fifty (50) with those benefit
options as provided for in the contract between the City and PERS.
C. Modification(s) to the contract shall be made only after the City has met and
consulted with the Association and such modification(s) made a part of the contract
between the City and PERS consistent with the requirements of PERS.
Section 2. The City shall pay the entire employee's contribution to their retirement plan and
place it in the employees' individual PERS retirement accounts.
ARTICLE X - HOURS OF WORK
Section 1. Work Period
A. The work period for law enforcement personnel (as defined by the Fair Labor .
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•
Standards Act) shall be three hundred thirty-six (336) continuous hours (fourteen (14)
consecutive days). All full -time law enforcement personnel shall be regularly assigned one
of the following work schedules:
1. "Three - twelve" - three (3) consecutive three (3) day work weeks
consisting of three (3) twelve (12) hour and twenty (20) minute work days followed by a
four (4) day work week consisting of three (3) twelve (12) hour and twenty (20) minute
work days and one (1) twelve (12) hour work day.
2. "Four -ten" - a work week consisting of ten (10) hours/day, four (4)
days/week.
3. "Five - eight" - a work week consisting of eight (8) hours/day, five (5)
days/week.
Section 2. Three- Twelve Work Schedule
A. The standard work week shall be thirty-seven (37) hours or forty -nine (49) hours
depending on the number of days worked in a work week pursuant to A.1. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty (40) during
the forty -nine (49) hour work week of the work period will be considered regular straight
time hours for the intention to report forty (40) hours of regular hours during a work week.
ARTICLE XI - OVERTIME COMPENSATION
Section 1. Overtime Defined
A. Three- Twelve Work Week
Time worked in excess of eighty -six (86) hours in a FLSA work period as defined in
Article X, Section 1.A. or time worked on scheduled days off.
B. Four -Ten Work Week
Time worked in excess of eighty -six (86) hours in a FLSA work period as defined in
Article X, Section 1.k or time worked on scheduled days off.
C. Five -Eight Work Week
Time worked in excess of eighty -six (86) hours in a FLSA work period as defined in
Article X, Section 1.A. or time worked on scheduled days off.
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--
Section 2. Compensation for Overtime
A. Authorized non -ELSA overtime shall be compensated in pay or compensatory
time at the rate of one and one -half (1 -1/2) times the straight time hourly equivalent of the
base hourly rate of pay.
B. In computing overtime for a work period, time absent from duty as a result of
use of sick leave, vacation, holiday or compensatory time off shall not be considered as time
deemed to have been worked.
Section 3. Compensatory Time
A. Employees may elect to receive compensatory time in lieu of pay for overtime
subject to B. and C. below.
B. Should an employee desire to take compensatory time off, he shall file a written
request with the Chief of Police who shall grant time off unless it interferes with the normal
operation staffing of the police department.
C. Employees shall be permitted to accumulate a maximum of seventy -five (75)
hours of compensatory time. An employee who has accumulated seventy -five (75) hours of
compensatory time will be reimbursed within the pay period earned for any overtime in
excess of seventy -five (75) hours maximum.
D. An employee may, upon written request submitted to and approved by the City
Manager, receive reimbursement for the requested number of hours of accumulated
compensatory time below the cap of seventy -five (75) hours. Reimbursement shall occur
with the next regular payroll following the pay period in which the employee's written
request has been approved by the City Manager.
Section 4. Overtime Reporting
In order for an employee to earn compensation for overtime, he must receive the
supervisor's or the Chief of Police's approval. Overtime worked to meet an emergency
situation does not require advance approval, but shall be certified by the Chief of Police
before being credited to the employee's record.
ARTICLE XII - HOLIDAYS
Section 1. Recognized Holidays
The City will recognize the following designated holidays each fiscal year:
Independence Day (July 4th)
Labor Day (1st Monday in September)
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Veterans' Day (November 11)
Thanksgiving Day (4th Thursday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
New Year's Day (January 1st)
Martin Luther King Day (3rd Monday in January)
Presidents' Day (3rd Monday in February)
Memorial Day (Last Monday in May).
Section 2. Floating Holidays
The City will also recognize 2 floating holidays each fiscal year. Each unit employee shall
be eligible to accrue up to a maximum of 2 floating holidays on July 1st of each year,
subject to the following limitations. The floating holidays shall be taken, or may be
cashed out, during the fiscal year (July 1st through June 30th) in which they are accrued.
An employee may not have more than 2 floating holidays on the books at any time. If an
employee does not use, or cash out, both of his/her floating holidays within the fiscal year
in which the employee accrued them, he /she will not eam 2 additional floating holidays in
the next fiscal year. Instead, the employee will only earn that number of floating holidays,
on July 1st of each year that will bring the employee's balance of floating holidays to 2.
Thus, if an employee uses, or cashes out, only one floating holiday during a fiscal year,
that employee will only accrue 1 additional floating holiday on July 1st of the following
fiscal year, bringing the employee's floating holiday balance up to 2 floating holidays.
The parties encourage employees in the unit to use their floating holidays. Since floating
holidays cannot be removed from an employee once earned, and the parties do not want
employees to have more floating holidays on the books than would be received within the
current fiscal year, a floating holiday(s) carried over at the end of the fiscal year results in
the employee being unable to earn that holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually selected by the
employee subject to the approval of the Chief of Police. Approval will not normally be
granted if it would require the Department to backfill the employee's position at time -
and- one -half to maintain necessary staffing /deployment levels. A floating holiday cannot
be used on any of the designated holidays recognized by the City or on another floating
holiday. To request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave /overtime and special pay report".
The past practice of the City in permitting the stacking of floating holidays is specifically
eliminated by the above Language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a Holiday. When a
holiday falls on a day that the employee performs no work (whether the day is the
employee's scheduled work day or not), the employee shall be paid 12.33 hours of
holiday pay for the holiday, at the employee's regular hourly rate of pay.
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B. Compensation for a Holiday when Work is Performed on a Holiday. When a holiday
falls on a day that the employee performs work (whether the day is the employee's
scheduled work day or not), the employee shall be paid as follows:
1. If the holiday is Independence Day, Thanksgiving Day, Christmas Day, or New
Year's Day the employee shall be paid "hardship" pay as follows:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay per Section 3A, and
b. Pay for the number of hours of work the employee actually performed on the
holiday, at the rate of pay otherwise specified in this MOU for such work hours,
and
c. Pay for the number of hours of' work the employee actually performed on
the holiday, at the employee's base hourly rate of pay.
Example 1: Officer A works 6 hours on Christmas Day. Officer A would earn
pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay regular hourly rate
6 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
6 hours hardship pay base hourly rate
2. If the holiday is not Independence Day, Thanksgiving Day, Christmas Day, or
New Year's Day the employee shall be paid:
a. Twelve and one third (12.33) hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay as per Section 3A, and
b. Pay for the number of horns of work the employee actually performed on the
holiday, at the rate of pay otherwise specified in this MOU for such work hours.
Example 2: Officer B works 8 hours on Veterans' Day or a Floating Holiday.
Officer B would earn pay computed as follows:
Hours Pay Rate
12.33 hours holiday pay 'regular hourly rate
8 hours work pay regular hourly rate or overtime hourly rate, as applicable
under MOU
C. The past practice of the City paying hardship holiday pay to an employee on a
designated hardship holiday when in fact said employee did not work on the designated
hardship holiday is specifically eliminated by the above language.
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Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non -FLSA
compensatory time at the rate of one hour of hardship pay converting to one hour of time
off or to one hour of non -FLSA compensatory time.
ARTICLE XIII - VACATION
Section 1. Eligibility
All permanent full -time employees having completed one (1) year of continuous service
with the department and annually thereafter, shall be eligible for a paid vacation at their then
existing rate of pay.
Section 2. Accrual
A. Vacation leave is accumulated yearly and is computed on the basis of the
employee's hire date as a regular full -time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the date of initial
employment as a full-time probationary or permanent employee to the anniversary date
concluding the full year of the designated year.
C. All eligible unit employees hired after February 1, 1998 will accrue vacation
leave by the following schedule:
Years Hours Max. Hourly Accrual Annual
Of Service Earned Rate/Pay Period Bi- Weekly Vacation Hours
0 -5 Years 80 3.0769 80 hours
6 -14 120 4.6153 120 hours
15 -19 160 6.1538 160 hours
20+ 200 7.6923 200 hours
D. An eligible employee hired on or before February 1, 1998 shall accrue vacation
leave by the following schedule:
YEARS HOURLY ACCRUAL RATE ANNUAL
SERVICE PER PAY PERIOD ACCRUAL RATE
0 -5 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
8 5.486 144 hours
9 5.539 152 hours
10 -19 6.154 160 hours
20+ 7.6923 200 hours
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Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of 400 hours. If
the needs of the service require that a sworn employee be denied the use of accrued vacation
time and such denial is anticipated to result in a cessation of accrual, the employee may
request that his maximum accrual be increased to an amount not to exceed the amount
accrued in the preceding thirty -six (36) month period. Such request must be submitted to
the Chief of Police prior to a cessation of accrual and is subject to the approval of the Chief
of Police and City Manager.
B. The accrual of vacation shall cease when an employee's accumulated vacation is
at the maximum provided in this Section. Additional vacation shall begin accruing when
the employee's vacation balance falls below the maximum.
C. An employee on Injury on Duty (IOD) status or leave may accrue vacation up to
the maximum under this section. Should the employee reach maximum accumulation, the
City shall cash out the equivalent hours that the employee has taken for vacation during the
fiscal year. Should the employee reach maximum again after the cash out while still on
IOD or leave, accruals shall cease.
Section 4. Use of Vacation
A. The time at which an employee's vacation is to occur shall be determined by the
Chief of Police with due regard for the wishes of the employee and particular regard for the
needs of the service.
B. Employees who have completed five (5) years or more of continuous service
may elect to be paid for up to a maximum of forty (40) hours of accumulated
vacation on an annual basis provided that forty (40) or more hours have been
taken as vacation time off during the course of the prior twelve (12) months.
Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for all
accumulated vacation no later than the next regular payday following termination.
B. When termination is caused by death of the employee, the employee's
beneficiary shall receive the employee's pay for unused vacation. In the event an employee
has not designated a beneficiary, the payment shall be made to the estate of the employee.
Section 6. Vacation Accrual Dining Leave of Absence
No vacation shall be earned during any leave of absence without pay for each fourteen (14)
day period (pay period) of such leave.
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Section 7. Prohibition Against Working for City During Vacation
Employees shall not work for the City during their vacation and, thereby, receive double
compensation from the City.
ARTICLE XIV - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay
A. Upon the Police Chiefs recommendation and approval of the City Manager, an
employee may be granted a leave of absence without pay in cases of an emergency or where
such absence would not be contrary to the best interest of the City, for a period not to
exceed ninety (90) working days.
B. Upon written request of the employee, the City Council may grant a leave of
absence, with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave of absence, after notice to return to duty,
the employee shall be reinstated to the position held at the time the leave of absence was
granted. Failure on the part of the employee to report promptly at such leave of absence's
expiration and receipt of notice to return to duty shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be
eligible to accumulate or receive fringe benefits except as specifically provided for in this
MOU, except that the City shall contribute to an employee's healthcare and dental plan,
disability insurance plan, and life insurance plan for the first thirty (30) calendar days of the
leave of absence.
Section 2. Bereavement Leave
A. Employees may be granted up to forty (40) hours of bereavement leave of
absence, by the reason of a death in their family which shall be restricted and limited to
immediate family by reason of biology, marriage, or adoption. Family lineage covered by
this provision:
Spouse or Registered Domestic Partner
Father and Mother (Including Step parent and adoptive parent)
Father and Mother In -Law
Grandparent
Brother and Sister (Including step sibling or sibling due to legal adoption)
Child (Including step child, child due to marriage or legal adoption)
Grandchild (Including step grandchild, due to marriage or legal adoption)
and all degree of relatives not listed but living within the household of the employee
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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 (healthcare, dental, disability and Life
insurance and retirement (if applicable) for the first three (3) months of military leave.
During said period, the employee shall be required to pay to the City the same co- payments
as required of other employees. After the first three (3) months of military leave, the
employee may continue said benefits at his cost.
Section 4. This section was intentionally left blank and has been reserved for future use.
Section 5. Unauthorized Absence
Unauthorized absence is days, or portions of days, wherein an employee is absent from
work without City approval. Unless subsequently approved, such absence will result in a
deduction from the employee's pay of an amount equivalent to the time absent. Employees
taking unauthorized absence may be subject to disciplinary action, up to and including
termination of employment.
Section 6. Catastrophic Leave
A. Establishment — A Catastrophic Leave Program for the Association was
established which allows donation of paid time for employees represented by the
Association.
B. Purpose — The purpose of the Catastrophic Leave Pool is to enable full-time
employees to receive and donate vacation, administrative leave, and compensatory time
off (CTO) leave credits on an hour for hour basis to assist employees who have no
remaining leave bank balances and who will suffer a financial hardship due to prolonged
illness or injury to themselves, or a member of their immediate family. Sick Leave is
excluded from this program. The conditions of this program are as follows:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Administrative Services
(Finance) Department.
3. Employees must be in regular full -time appointed positions to be
eligible for catastrophic leave.
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4. Employees receiving Long -Term Disability payments may participate
in this program, but may not receive combined payments that would exceed their normal
take home pay.
5. All donations are to be confidential, between the donating employee
and the Administrative Services (Finance) Department.
6. Employees donating to the pool must have forty (40) hours of paid
leave available after making a donation.
7. Donating employees must complete a Catastrophic Leave Program
form with a signed authorization, and includes specifying the specific employee to be a
recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's Statement that
the presence of the employee is necessary.
11. Catastrophic Leave due to illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the employee's
inability to perform normal duties.
ARTICLE XV - JURY DUTY
Section 1. Compensation for Jury Duty
A. Employees required to report for jury duty shall be granted leave of absence for
such purpose, upon presentation of jury notice to the Chief of Police. Said employees shall
receive full payment for the time served on jury duty, provided the employee remits any fees
received for such jury service, excluding payment for mileage, to the City's Finance
Department. Compensation for mileage, subsistence or similar auxiliary allowance shall
not be considered as a fee and shall be returned to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work
day; the employee shall contact his supervisor as to the feasibility of returning to work that
day.
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--
ARTICLE XVI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or disability,
medical or dental treatment, and family leave or as authorized by the City Manager under
special circumstances. The employee requesting sick leave shall notify his immediate
supervisor or Chief of Police prior to the time set for reporting to work. Sick leave with pay
shall not be allowed unless the employee has met and complied with the provisions of this
MOU.
B. Sick leave shall not be granted for disability arising from any sickness or injury
purposely self - inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of physical
fitness for duty for sick leaves in excess of three (3) consecutive working days for those
on a twelve (12) hour shift and in excess of four (4) consecutive working days for those
on other shifts.
Section 2. Eligibility
All employees covered by this MOU shall be eligible to accrue sick leave.
Section 3. Accrual
A. Sick leave shall be accrued at the rate of twelve and one -third (12 -1/3) hours per
calendar month for each calendar month that the employee has worked regularly scheduled
hours and/or has been on authorized leave which provides for full pay, for at Least fifteen
(15) working days in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired prior to July 1,
1985, will be placed into a newly established sick leave bank at the rate of twelve and one-
third (12 -1/3) hours per calendar month for per calendar month for each calendar month that
the employee has worked regularly scheduled hours. This new sick leave bank, established
February 4, 1998, cannot be cashed out for disability retirement. Accumulated sick leave
shall not be used to postpone the effective date of retirement as determined by the City.
Section 4. Accumulation and Payment
A. There is no limit on the amount of sick leave that an employee may accumulate.
B. An employee may be paid for unused sick leave pursuant to the following:
1. Employees who have not completed fifteen (15) years of services with
the Cityy 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.
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2. Employees who have completed fifteen (15) years of service with the
City shall be paid for accumulated sick leave in the lesser amount of (i) twenty-five percent
(25 %) of his accumulated sick leave at the employee's final base hourly rate of pay or (ii)
two thousand five hundred dollars ($2,500). Remaining sick leave hours are converted to 8
hour days and reported to CaIPERS for service credit. Accumulated sick leave shall not be
used to postpone the effective date of retirement as determined by the City.
3. Employees employed prior to July 1, 1985, who are retired because of
work related disabilities will be paid all of their accumulated sick leave at their fmal base
hourly rate of pay. Accumulated sick leave shall not be used to postpone the effective date
of retirement as determined by the City. Any sick leave accrued after February 4, 1998 will
be placed in the sick leave bank set forth in Section 3.B above, and is not eligible for this
payout provision.
Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of illness charged to
his accumulated sick leave provided that:
A. Immediately upon return to duty, the employee submits to his supervisor a
written request for sick leave and a written statement signed by his physician describing the
nature and dates of illness.
13. The Chief of Police recommends and the City Manager approve the granting of
such sick leave.
Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of sick leave
accumulation, the employee may request in writing, to the Chief of Police and City
Manager, a leave of absence without pay for the purpose of recovering from the illness,
provided:
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and consideration
by the City Manager, a written explanation of the employee's illness and an estimate of the
time needed for recovery signed by the employee's physician.
C. Prior to resuming his duties, the employee may be required to take a medical
examination at City expense and provide a medical release to return to work from the
employee's physician as prescribed by the City Manager. The employment record and the
results of such examination shall be considered by the City Manager in determining the
employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar days. If the
employee desires an extension, he shall follow, prior to the termination of the initial leave,
the procedure described in Section 6.B above.
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Section 7. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may
take sick leave and/or unpaid leave to care for his newborn infant, whether through
parentage or adoption, or a seriously ill or injured member of the employees "immediate
family" as defined in Article XIV Section 2. Bereavement Leave.
A. Proof of the birth or adoption of a newborn infant or the serious illness/injury of
the family member must be submitted to the City.
B. Requests for family leave must be submitted in writing to the employee's
supervisor at the earliest possible date preceding the time when the leave is to begin.
C. Operational needs of the City shall be relevant in determinations regarding the
granting of family leave in accordance with the provisions of State and Federal Family
Leave laws.
D. In the event of an extended family leave, the employee may be required to
periodically report on the status of the situation giving rise to the leave.
E. Family leave may be granted only upon the recommendation of the Chief of
Police and approval of the City Manager consistent with the provisions of State and Federal
Family Leave laws.
F. A maximum of four hundred (400) working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any two (2) year period
unless a greater amount is prescribed by state or federal law.
Section 8. On The Job Injury
Employees who are disabled by injury or illness arising out of and in the course of their
duties as public safety employees of the City, shall be entitled to the benefits of California
Labor Code Section 4850 as the Section now exists or is hereinafter amended. Any
payments made pursuant to this Section shall not be charged as sick leave; sick leave and
vacation benefits shall accrue during the period of disability pursuant to the provision of
California Labor Code Section 4850.
Section 9. Off The Job Injury
An employee injured outside of his service with the City shall be compensated through the
disability insurance plan provided by the City.
ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees shall be
tentative and subject to a probationary period of twelve (12) months of service.
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B. When unusual circumstances merit the extension of the probationary period, the
Chief of Police shall request, in writing, approval of the City Manager. Said extension shall
not exceed one hundred eighty (180) calendar days. The Personnel Office shall notify the
Chief of Police and the probationer concerned no- less -than two weeks prior to the
termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the Chief of
Police shall file with the Personnel Office a statement, in writing, that the retention of the
employee is desired. No actions changing an employee's status from probationary to regular
full -time shall be made or become effective until approved by the City Manager.
Section 2. Objective of Probationary Period
The probationary period shall be regarded as a part of the testing process and shall be
utilized for closely observing the employee's work, for securing the most effective
adjustment of a new employee to his position, and for rejecting any probationary employee
whose performance does not meet the required standards of work.
Section 3. Employee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at the end of
each three (3) months of service or at more frequent intervals when deemed necessary by
the Chief of Police. Permanent employees shall have their performance evaluated annually
or at more frequent intervals when deemed necessary by the Chief of Police. Such
evaluation shall be reported in writing and in the form approved by the Personnel Office.
B. The written appraisal report of an employee's performance evaluation shall be
filed in triplicate, the original to be filed with the Personnel Office and made a part of the
employee's personnel records, one copy to be retained by the department, and one copy to
be given to the employee.
Section 4. 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.
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ARTICLE XVIII - LAYOFF PROCEDURES
Section 1. Policy
The policy for layoff procedures shall be as adopted in City's Personnel Rules and
Regulations.
ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs
Unit members attending accredited community colleges, universities, and trade schools
for the purpose of obtaining a higher education degree may apply for reimbursement of
tuition, books, student fees and parking. Reimbursement is capped each calendar year at
the tuition rate of the Cal State University system for hp to 2 semesters of full -time,
undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the course. For any
course that could be taken for a letter grade, it must be taken for a letter grade and
successful completion means a grade of "C" or better for undergraduate courses and a
grade of `B" or better for graduate courses. For any course that can only be taken for a
grade of "credit" or "no credit ", successful completion means a grade of "credit ". All
claims for tuition reimbursement require prior approval and are subject to verification and
approval by the City Manager. This tuition reimbursement does not pertain to P.O.S.T.
courses attended on duty.
Example 1: Officer A attends California State University, Long Beach, for the
Spring 2011 semester and completes two 3 -unit undergraduate courses with a grade of
"C" or better. The tuition reimbursement would be calculated as follows:
2010 -2011 State University Tuition $ 1,227.00 (0 -6 units)
Required University Fees 290.00 (approx.)
Parking 123.00
Books 300.00 ( approx.)
TOTAL $ 1, 940.00
Example 2: Officer B attends California State University, Long Beach, for the
Spring 2011 semester and completes three 3 -unit undergraduate courses with a grade of
"C" or better. The tuition reimbursement would be calculated as follows:
2010 -2011 State University Tuition $ 2,115.00 (7 or more units)
Required University Fees 290.00 (approx.)
Parking 123.00
Books 600.00 (approx.)
TOTAL $ 3,128.00
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B. Professional Conventions and Conferences
Unit members who attend job related conventions and conferences that are not sponsored
by the Department may submit for reimbursement under the tuition reimbursement
program for the cost of enrollment. Attendance of conventions and conferences must be
job related and pre- approved by the Chief of Police. The cost of travel, sustenance, and
lodging is not reimbursable under tuition reimbursement per IRS Publication 970.
Travel, sustenance, and lodging may be reimbursable via the Department's Meetings and
Conference budget. Employee is to submit a request to the Chief of Police prior to travel
for approval in order to receive reimbursement for travel, sustenance, and lodging after the
conference. All receipts for expenses must be attached to the reimbursement request and
submitted to the Chief of Police for approval, and forwarded to the City Manager for final
review and approval.
Section 2. Physical Fitness Program
The physical fitness program is a voluntary program for all sworn officers utilizing vacation
hours as compensation for achieving goals within this program. The details of this program
are attached as Exhibit A to this MOU.
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this MOU shall
incorporate all prior agreements and memoranda 'of agreement, or memoranda of
understanding, or contrary salary and/or personnel resolutions or administrative codes,
provisions of the City, oral or written, expressed or implied, between the parties, and shall
govern the entire relationship, and shall be the sole source of any and all rights which may
be asserted hereunder. This MOU is not intended to conflict with federal or state law.
Section 2. Notwithstanding the provision of Section 1., there exists within the City certain
personnel rules and regulations and police department rules and regulations. To the extent
that this MOU does not specifically contradict these personnel rules and regulations or
police department rules and regulations or City ordinances, they shall continue subject to
being changed by the City in accordance with the exercise of City rights under this MOU
and applicable state law.
Section 3. Except as provided herein, other terms and conditions of employment, oral or
written, express or implied that are presently enjoyed by employees represented by the
Association shall remain in full force and effect during the entire term of this MOU unless
mutually agreed to the contrary by both parties hereto.
ARTICLE XXI - CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
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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 etseq of
the California Government Code.
B. The City agrees that it shall not lock out its employees during the term of this
MOU. The teen "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall, or failure to return to work employees of the City in the
exercise of rights as set forth in any of the provisions of this MOU or applicable ordinance
or law.
C. Any employee who participates in any conduct prohibited in subparagraph A.
above may be subject to termination.
D. In addition to any other lawful remedies or disciplinary actions available to the
City, if the Association fails, in good faith, to perform all responsibilities listed in Section
2., Association Responsibility, below, the City may suspend certain rights and privileges
accorded to the Association under the Employer - Employee Relations Resolution or by this
MOU including, but not limited to, access to the grievance procedure and use of the City's
bulletin boards and facilities.
Section 2. Association Responsibility
In the event that the Association, its officers, agents, representatives or members engage in
any of the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its
duly authorized representatives shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they should
immediately cease engaging in conduct prohibited in Section 1. above, Prohibited Conduct,
and return to work.
ARTICLE XXII - EMERGENCY WAIVER PROVISION
Section 1. In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, civil disorder, national emergency, or similar circumstances, provisions of this
Memorandum of Understanding or the Personnel Rules and Regulations of the City, which
prevent the City's ability to respond to these emergencies, shall be suspended for the
duration of such emergency. After the emergency is over, the Association shall have the
right to meet and confer with the City regarding the impact on employees of the suspension
of these provisions in the Memorandum of Understanding and any Personnel Rules and
Regulations.
ARTICLE XXIII - SEPARABILITY
Section 1. Should any provision of the MOU be found to be inoperative, void or invalid by
a court of competent jurisdiction, all other provisions of this MOU shall remain in full force
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and effect for the duration of this MOU.
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS
Section 1. The Personnel Rules and Regulations are incorporated herein by reference, and
shall govern.
ARTICLE XXV - MOU REOPENERS
Section 1. The Association and the City shall reopen any provision of this MOU for the
purpose of complying with any final order of a Federal or State Agency or Court of
competent jurisdiction requiring .a modification or change in any provision or provisions
of this MOU, in order to comply with State or Federal laws.
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING
Section 1. The terms of this Memorandum of Understanding shall commence on July 1,
2010 and continue in full force and effect through June 30, 2013 - a three -year contract.
Section 2. The City of Seal Beach and the Police Officers' Association agree to commence
negotiations for the next contract year by April 1, 2013.
ARTICLE XXVII - RATIFICATION
Section 1. This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification by the required number of the duly authorized representatives
of the Association. Following such ratification, approval and adoption, the Memorandum
of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or
other written action of the City Council.
Date: 7
President, Seal Beath ice Officers' Association
Officer Eric Tittle q
it iii Date: /" //b
WI -oral John S ott r
Date: et- ^ 10
•,_ - 7 ones
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CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
Date:
David Carmany, City Manager
Date:
Robbeyn Bird, Director of Administrative Services
Date:
Jill R. Ingram, Assistant to the City Manager
Date:
Jeff Kirkpatrick, Chief of Police
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EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers. Officers work
out on their off duty time and may, depending upon availability of funds and staffing
needs, in return receive compensation back to them after meeting the minimum
requirements of the tests at the end of each six (6) month period. Officers may receive up
to twenty (20) hours of vacation time by meeting the requirements of the test at the end of
each six (6) month period. The maximum time each officer will be able to achieve is up
to forty (40) vacation hours earned annually for as long as the officer continues
successfully in the program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee and
advise them of your intent. You will need to have a doctor's release to allow you to
participate in the program. A copy of the physical requirements of the physical fitness
program should be reviewed by your doctor when obtaining your release. For details of
the annual physical exam refer to Article XIII section 6 of the SBPOA MOU.
TESTING
Each officer participating will be tested every six (6) months, specifically in the months
of January and July. A minimum level has been established for each test. Participants will
have to move up a category or reach maintenance level indicated on each test by age
group. At one (1) year and six (6) months, participants will be required to be at the
maintenance level. Once the maintenance level has been attained, participants will have
to maintain that Ievel on subsequent tests. Testing each six (6) month period will validate
the awarding of vacation time. Testing may be conducted during on -duty hours at the
Watch Commanders discretion. The Physical Fitness Committee will perform the testing.
Initial program tests will be conducted in February 1998, June 1998 and December 1998.
ALLOCATION OF HOURS
Employees will be awarded four (4) hours for successfully completing each test as set
forth in TESTING above. No employee shall receive any hours if they fail to meet the
minimum standards for at least three (3) of the five (5) tests.
For the December 1998 testing only, employees shall receive eight (8) hours per
successfully completed test.
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PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (2) to be
appointed by the SBPOA Board of Directors, and two (2) to be appointed by the Chief of
Police. The Physical Fitness Committee is established to retain administrative control
over the program. All committee members shall be active participants in the program.
The committee will be responsible for examining problems and disputes that arise from
the administration of the program. The committee will be the formal arbitrators on these
matters.
VALIDATED HEALTHCARE PROBLEM CLAUSE
Those officers who for validated Healthcare reasons cannot participate in the fitness
program as designed may contact the Physical Fitness Committee for program
modification. Validated Healthcare problems are those diagnosed by a physician as
limiting participation in a certain activity.
REQUIRED PEST
The physical fitness needs of Police Officers fall into three (3) areas:
Cardio Fitness Strength Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as
necessary. The tests used in this program to evaluate fitness in these areas will be:
Cardio fitness: 1.5 Mile run
Strength: Push -ups Sit -ups Pull -ups
Flexibility: Forward Stretch
HEALTHCARE COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation, The city
will not provide blanket coverage for any injury which could conceivably be claimed
under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to beginning
program participation.
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a 1.5 mile course established by the Training Unit. The time needed to
cover the distance is recorded and compared to the standards on the chart.
This test is an excellent indication of the condition of the heart and lungs as it measures
ones aerobic capacity or the ability of the heart and lungs to utilize oxygen.
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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
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.
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In lieu of pull -ups, officers may choose to do the "La Pull". Officers are required to pull
down seventy percent (70%) of their body weight ten (10) times in order to achieve
maintenance level.
Under30 30 -39 40-49 50+
Excellent 9 & above 7 & above 6 & above 5 & above
Good 8 6 5 4
Fair 6 -7 4 -5 3-4 2 -3
Poor 5 3 2 1
Very Poor 4 & above 2 & under 1 & under 0
Maint. Level 8 6 5 4
Minim. Level 5 3 2 1
SIT -UPS
Officer starts by lying on his/her back, knees bent, heels flat on the floor and arms folded .
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 *
Under30 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"
36