HomeMy WebLinkAboutCC Res 6054 2010-11-08RESOLUTION 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 Itlaa A�"
NOES:
Council Members ,(it
ABSENT:
Council Members
ABSTAIN:
Council Members
ATTEST:
� � I xllf
it 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.
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Resolution Number 6054
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
FISCAL YEARS
2010-2013
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EXPIRES ON JUNE 30, 2013
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Resolution Number 6054
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE I - RECOGNITION ................................................. ............................... 1
Section1 . .................................................................. ............................... 1
Section2 . .................................................................. ............................... 1
Section3 . .................................................................. ............................... 1
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS............................................................ ............................... 1
Section 1. Dues and Benefit Deductions ................... ............................... 1
Section 2. Other Deductions ...................................... ............................... 1
ARTICLE III - CITY RIGHTS ................................................. ............................... 2
Section1 . .................................................................. ............................... 2
Section2 . .................................................................. ............................... 2
ARTICLE IV - NON - DISCRIMINATION ................................ ..............................2
Section1 . .................................................................. ............................... 2
Section2 . .................................................................. ............................... 2
ARTICLE V - C1
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
DMPENSATION PLAN ............................... ............................... 2
Basic Compensation Plan ........................ ............................... 2
Advancement within Salary Grades ......... ............................... 3
Salary Increases Following Promotion ..... ............................... 3
Salary Decreases Following Demotion .... ............................... 4
Adjustments of Salary Grades ................. ............................... 4
Salary and Benefits on Suspension .......... ............................... 4
Salaries during Term of Memorandum of Understanding ....... 4
ARTICLE VI - SPECIAL PAY PROVISIONS ........................ ............................... 5
Section 1.
Uniform Allowance and Safety Equipment ............................... 5
Section 2.
Temporary Assignment Pay ..................... ............................... 5
Section 3.
Court Time ............................................... ............................... 5
Section4.
Call- back ................................................... ............................... 6
Section 5.
Training Programs .................................... ............................... 6
Section 6.
Educational Incentive Pay - ...................... ............................... 6
Section7.
Stand -by Pay ............................................ ............................... 7
Section 8.
Experience Pay ......................................... ............................... 7
-- For Employees Hired On or Before June 30, 2010: ..................... 7
-- For Employees Hired On or After July 1, 2010: ........................... 8
Section9. Movie Detail .............................................. ............................... 8
Section 10.
Bilingual Compensation .......................... ............................... 8
Section 11.
Cash Payment ....................................... ............................... 9
ARTICLE VII - FRINGE BENEFIT ADMINISTRATION ........ ............................... 9
Section 1. Administration .......................................... ............................... 9
Section 2. Selection and Funding ............................. ............................... 9
Section3. Limits ....................................................... ............................... 9
Section4. Changes ................................................... ............................... 9
Resolution Number 6054
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE............................................................... ............................... 9
Section 1. Health Care Coverage .............................. ............................... 9
Section 2. Health Insurance Plan for Retirees ......... ............................... 10
Section 3. Life Insurance Plan ................................. ............................... 13
Section 4. Disability Insurance Plan ......................... ............................... 11
Section 5. Premium Only Plan (pre -taxed deduction) ............................. 11
Section 6. Annual Physical ...................................... ............................... 11
ARTICLE IX - RETIREMENT .............................................. ............................... 11
Section1 . ................................................................ ............................... 11
Section2 . ................................................................ ............................... 12
ARTICLE X - HOURS OF WORK ........................................ ............................... 12
Section 1. Work Period ............................................ ............................... 12
Section 2. Three - Twelve Work Schedule ................. ............................... 12
ARTICLE XI - OVERTIME COMPENSATION ..................... ............................... 12
Section 1. Overtime Defined .................................... ............................... 12
Section 2. Compensation for Overtime .................... ............................... 12
Section 3. Compensatory Time ................................ ............................... 13
Section 4. Overtime Reporting ................................. ............................... 13
ARTICLE XII - HOLIDAYS ................................................... ............................... 13
Section1 . ................................................................ ............................... 16
Section2 ................................................................... ............................... 17
Section3 ................................................................... ............................... 17
Section4 ................................................................... ............................... 19
ARTICLE XIII - VACATION ................................................. ............................... 15
Section1. Eligibility .................................................. ............................... 15
Section2. Accrual .................................................... ............................... 15
Section 3. Maximum Accrual ................................... ............................... 16
Section 4. Use of Vacation ....................................... ............................... 16
Section 5. Vacation Payment at Termination ........... ............................... 16
Section 6. Vacation Accrual During Leave of Absence ........................... 16
Section 7. Prohibition Against Working for City During Vacation ............ 16
ARTICLE XIV - LEAVES OF ABSENCE ............................. ...............................
16
Section 1.
Authorized Leave of Absence Without Pay ............................
16
Section 2.
Bereavement Leave ................................ ...............................
17
Section 3.
Military Leave of Absence ....................... ...............................
17
Section 5.
Unauthorized Absence ............................ ...............................
17
Section 6.
Catastrophic Leave ................................. ...............................
18
ARTICLE XV - JURY DUTY ................................................ ............................... 18
ARTICLE XVI - SICK LEAVE .............................................. ............................... 19
Section 1. General Sick Leave Provisions ............... ............................... 19
Section2. Eligibility .................................................. ............................... 19
Section3. Accrual .................................................... ............................... 19
Section 4. Accumulation and Payment .................... ............................... 19
Section 5. Sick Leave During Vacation .................... ............................... 20
Section 6. Extended Sick Leave .............................. ............................... 20
Section7. Family Leave .......................................... ............................... 20
Section 8. On The Job Injury ................................... ............................... 21
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Resolution Number 6054
Section 9. Off The Job Injury ................................... ............................... 21
ARTICLE XVII -
PROBATIONARY PERIODS ................... ...............................
21
Section 1.
Appointment Following Probation Period ...............................
21
Section 2.
Objective of Probationary Period ............ ...............................
21
Section 3.
Employee Performance Appraisal ........... ...............................
21
Section 4.
Rejection of Probationary Employee ....... ...............................
22
ARTICLE XVIII - LAYOFF PROCEDURES ....................... ............................... 22
ARTICLE XIX - MISCELLANEOUS PROVISIONS .............. ............................... 22
Section 1. Tuition Reimbursement ........................... ............................... 28
Section 2. Physical Fitness Program ....................... ............................... 29
ARTICLE XX - ENTIRE MEMORANDUM OF UNDERSTANDING .................. 23
Section1 . ................................................................ ............................... 23
Section2 . ................................................................ ............................... 23
Section3 . ................................................................ ............................... 23
ARTICLE XXI - CONCERTED REFUSAL TO WORK ....... ............................... 24
Section 1. Prohibited Conduct ................................. ............................... 24
Section 2. Association Responsibility ...................... ............................... 24
ARTICLE XXII - EMERGENCY WAIVER PROVISION ..... ............................... 24
ARTICLE XXIII - SEPARABILITY ...................................... ............................... 24
ARTICLE XXIV - PERSONNEL RULES AND REGULATIONS ........................ 24
ARTICLE XXV - MOU REOPENERS ................................ ............................... 24
ARTICLE XXVI - TERM OF MEMORANDUM OF UNDERSTANDING ............ 25
Section 1 ................... ............................... 25
. ................. ...............................
Section2 ................................................................... ............................... 25
ARTICLE XXVII - RATIFICATION ..................................... ............................... 25
EXHIBITA ........................................................................... ............................... 26
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Resolution Number 6054
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
( "SBPDX and /or "Association" interchangeably) as the majority representative of
the employees in the bargaining unit, which includes Police Department full -time
employees in the classifications and assignments of: a) Police Officer and b) Police
Corporal.
Section 2. The City recognizes the Association as the representative of the
employees in the classifications and assignments set forth in Section 1. above for
the purpose of meeting its obligations under this Memorandum of Understanding,
the Meyers - Milias -Brown Act, Government Code Section 3500 et esq., when City
Rules, Regulations, or laws affecting wages, hours, and /or other terms and
conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of Association, not to exceed
six (6) in number, shall be entitled to meet and confer with Management during said
representatives' normal working hours without suffering any loss in pay while
absent from the duties for such purpose, providing that such time per person shall
not be unreasonable. The City also agrees that such representatives may utilize
not more than six (6) hours per month or seventy -two (72) hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are represented by the Association and /or other officers of
Association.
ARTICLE II - EMPLOYEE ORGANIZATIONAL DUES AND OTHER
DEDUCTIONS
Section 1. - Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all employees
represented by the Association for regular and periodic dues and benefit program
premiums as specified by agreement between the City and the Association and
signed by the member. The Authorization Form content shall be mutually agreed to
by the Association and the City.
B. The City shall remit such funds to the Association within twenty -one
(21) 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.
Resolution Number 6054
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 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
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Resolution Number 6054
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 the preceding step. Each adjustment may
be made subject to the recommendation of the Chief of Police and approval of the
City Manager.
Section 2. Advancement within Salary Grades
A. In order to properly compensate an employee, advancement in base
salary shall be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
C. The Chief of Police and /or the employees' immediate supervisor shall
be responsible to evaluate employees fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Chief of Police with approval of the City Manager.
D. An employee must be reviewed at least once every twelve (12)
months from the effective date of his last performance step increase, special
performance advancement or promotion. Nothing contained herein shall restrict the
Chief of Police from denying the increase after evaluation, nor shall it prevent him
from recommending special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
E. It shall be the responsibility of each supervisor to establish realistic
achievement levels for each step increase within a base salary grade.
Achievement levels may be formal or informal and shall be reviewed by the Chief of
Police for the purpose of maintaining uniformity of standards throughout the
department.
Section 3. Salary Increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a
position with a higher base salary grade, the employee shall be compensated at a
step of the salary grade assigned to the new position that is closest to providing a
five percent (5 %) salary increase over the monthly base salary received
immediately prior to promotion.
B. Temporary Appointment - In special circumstances, when in the best
interest of the City, the City Manager may approve a temporary assignment of an
employee to a higher -level classification. In such temporary assignments lasting
thirty (30) consecutive calendar days or more, the employee shall be compensated
at a step of the monthly base salary grade assigned to the new position that is
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Resolution Number 6054
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 classification with a lower maximum salary, such employee shall be assigned
to the appropriate salary step in the new classification as recommended by the
Chief of Police and approved by the City Manager. The employee shall retain his
previous anniversary date.
Section 5. Adiustments of Salary 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 %)
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 %)
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Resolution Number 6054
ARTICLE VI - SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a traditional
uniform, shall receive an annual uniform allowance of eight hundred dollars ($800)
effective the first payroll period following July 1 St 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 1 st 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.
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)
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Resolution Number 6054
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 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
Resolution Number 6054
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.
G. Employees serving an original probationary period shall be ineligible
to receive educational incentive pay.
Section 7. Stand-by Pav
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 31 st of any year shall be
forfeited effective July 31 st of any year and not converted to cash.
C. Each affected employee who is assigned to the Detective Bureau and
who is on "standby" weekend duty shall be provided two (2) hours (at straight time)
of compensatory time off or pay at employee base hourly rate of pay per each
weekend day. "Weekend" is described as Saturday, Sunday or any holiday
preceding or following the weekend day, in the absence of any normally assigned
detective.
Section 8. Experience Pay
-- For Employees Hired On or Before June 30, 2010:
A. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with a Municipal,
County or State Police agency meeting POST standards, or their equivalent, shall
be eligible to receive experience pay.
B. To qualify for experience pay, an employee must meet the minimum
years of service required and receive an overall satisfactory performance appraisal
signed by the Chief of Police, his designate or an individual acting in his capacity.
C. Experience Pay shall be as follows:
After ten (10) years of service, experience pay shall be paid at
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Resolution Number 6054
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.
4. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching 20 years of qualifying service stops receiving the
5% level of experience pay and begins receiving only the 10% level of experience
pay. Such an employee does not receive both the 5% level and the 10% level, at
the same time.
-- For Employees Hired On or After July 1, 2010:
A. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with the City of Seal
Beach shall be eligible to receive experience pay.
B. To qualify for experience pay, an employee must meet the minimum
years of service required and receive an overall satisfactory performance appraisal
signed by the Chief of Police, his designate or an individual acting in his capacity.
C. Experience pay shall be as follows:
1. After ten (10) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of five percent (5 %) of the qualified
employee's monthly base salary.
2. After twenty (20) years of City of Seal Beach sworn peace
officer service, experience pay shall be paid at a rate of ten percent (10 %) of the
qualified employee's monthly base salary.
3. After twenty -five (25) years of City of Seal Beach sworn peace
officer service, experience pay shall be paid at a rate of fifteen percent (15 %) of the
qualified employee's monthly base salary.
4. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching 20 years of service as a sworn peace officer with
the City of Seal Beach, stops receiving the 5% level of experience pay and begins
receiving only the 10% level of experience pay. Such an employee does not
receive both the 5% level and the 10% level, at the same time.
Section 9. Movie Detail
Unit employees shall be paid seventy dollars ($70) per hour for outside
movie details. It is understood that time spent on movie details is brokered outside
work and is not considered time worked for the purpose of calculating City overtime
compensation.
Section 10. Bilingual Compensation
Upon the recommendation of the Chief of Police, the City Manager may
award a bilingual compensation bonus of fifty -two dollars and fifty cents ($52.50)
per payroll period to an 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
Resolution Number 6054
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 Fundinq
In the administration of the fringe benefit programs, the City shall have the
right to select any insurance carrier or other method of providing coverage to fund
the benefits included under the terms of the MOU, provided that the benefits of the
employees and affected retirees shall be no less than those in existence as of
implementation of this MOU.
Section 3. Limits
A. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee on unpaid leave status, for more than fourteen (14)
consecutive calendar days, unless specifically provided for within this MOU,
authorized by the City Manager or otherwise provided for by federal or state "Family
Leave Acts" and /or "Workers Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee who has been absent without authorization during
said month, suspended without pay, or who has terminated from City employment
unless specifically provided for within this MOU.
C. City shall not pay premiums or accrue any fringe benefits afforded
with this MOU for any employee when such premiums or fringe benefits are
provided to the employee through Workers Compensation and /or the Disability
Insurance Plan.
Section 4. Chances
If, during the term of this MOU, any changes of insurance carrier or method
of funding for any benefit provided hereunder is contemplated, the City shall notify
the Association prior to any change of insurance carrier or method of funding the
coverage.
ARTICLE VIII - HEALTH CARE COVERAGE AND, LIFE AND DISABILITY
INSURANCE
Section 1 Health Care Coverage
A. "Health Care Coverage" The City shall contribute an equal amount
towards the cost of Healthcare coverage under PEMHCA for both active
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Resolution Number 6054
employees and retirees. The City's contribution toward coverage under PEMHCA
shall be the minimum contribution amount established by CalPERS on an annual
basis. Effective January 1, 2008 the City's contribution under PEMHCA shall be
$97.00.
The City has implemented a full flex cafeteria plan and employees
participating in the City's 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:
1. If the employee has fifteen (15) or more years of full -time City
of Seal Beach service, the City shall pay for such retired employee at the rate of (a)
the average of the two (2) lowest cost health care plans offered by CalPERS, or (b)
the CalPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a)
the average of the two (2) lowest cost Medicare supplement plans offered by
CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever
is greater.
2. If the employee has twenty (20) or more years of full -time City
of Seal Beach service, the City shall pay such retired employee and one
dependent, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CalPERS, or (b) the 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
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 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
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Resolution Number 6054
Medicare supplement plans offered by CalPERS, or (b) the CalPERS 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:
The City shall contribute the minimum PEMHCA rate as determined
by CalPERS.
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.
Section 5. Premium Only Plan (pre -taxed deduction)
The City will provide a Premium Only Plan (POP) for health and dental
benefits. This plan will allow for payroll deduction healthcare and dental insurance
coverage to be made before taxes (non - taxable) through salary reduction.
Section 6. Annual Physical
The City shall provide a physical exam periodically as indicated below for the
purpose of detecting heart trouble and cancer. The exam shall be given by a City
appointed physician who is acceptable to the Association. Cost of said physical
exam shall be borne by the City. The resulting diagnosis shall be submitted to the
City as well as the employee together with specifics of corrective treatment.
Physical Exam Schedule:
1. New Employee Second year following appointment
2. Employee under 40 Alternate years
3. Employee 40 & over Every year
ARTICLE IX - RETIREMENT
Section 1. The City shall contract with PERS for a two -tier retirement plan. The
two tiers shall be three percent (3 %) at age fifty (50) and two percent (2 %) at age
fifty (50).
A. For public safety employees covered by this MOU who were hired by
the City before the effective date of the two -tier retirement plan, the City shall make
contributions to the PERS plan known as three percent (3 %) at fifty (50) with those
benefit options as provided for in the contract between the City and PERS.
B. For public safety employees covered by this MOU who were hired by
the City on or after the effective date of the two -tier retirement plan, the City shall
make contributions to the PERS plan known as two percent (2 %) at fifty (50) with
those benefit options as provided for in the contract between the City and PERS.
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Resolution Number 6054
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
The work period for law enforcement personnel (as defined by the Fair
Labor Standards Act) shall be three hundred thirty -six (336) continuous hours
(fourteen (14) consecutive days). All full -time law enforcement personnel shall be
regularly assigned one of the following work schedules:
1. "Three- twelve" - three (3) consecutive three (3) day work
weeks consisting of three (3) twelve (12) hour and twenty (20) minute work days
followed by a four (4) day work week consisting of three (3) twelve (12) hour and
twenty (20) minute work days and one (1) twelve (12) hour work day.
2. "Four -ten" - a work week consisting of ten (10) hours /day, four
(4) days /week.
3. "Five- eight" - a work week consisting of eight (8) hours /day,
five (5) days /week.
Section 2. Three - Twelve Work Schedule
A. The standard work week shall be thirty -seven (37) hours or forty -nine
(49) hours depending on the number of days worked in a work week pursuant to
A.1. above.
B. For PERS reporting purposes, the nine (9) hours worked over forty
(40) during the forty -nine (49) hour work week of the work period will be considered
regular straight time hours for the intention to report forty (40) hours of regular
hours during a work week.
ARTICLE XI - OVERTIME COMPENSATION
Section 1. Overtime Defined
A. Three - Twelve Work Week: Time worked in excess of eighty -six (86)
hours in a FLSA work period as defined in Article X, Section 1.A. or time worked on
scheduled days off.
B. Four -Ten Work Week: Time worked in excess of eighty -six (86)
hours in a FLSA work period as defined in Article X, Section 1.A. or time worked on
scheduled days off.
C. Five -Eight Work Week: Time worked in excess of eighty -six (86)
hours in a FLSA work period as defined in Article X, Section 1.A. or time worked on
scheduled days off.
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
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Resolution Number 6054
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
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
(July 4th)
(1 st Monday in September)
(November 11)
(4th Thursday in November)
(December 24th)
(December 25th)
(January 1 st)
(3rd Monday in January)
(3rd Monday in February)
(Last Monday in May).
Section 2. Floatinq Holidays
The City will also recognize 2 floating holidays each fiscal year. Each unit
employee shall be eligible to accrue up to a maximum of 2 floating holidays on
July 1st of each year, subject to the following limitations. The floating holidays
shall be taken, or may be cashed out, during the fiscal year (July 1st through
June 30th) in which they are accrued. An employee may not have more than 2
floating holidays on the books at any time. If an employee does not use, or cash
out, both of his /her floating holidays within the fiscal year in which the employee
accrued them, he /she will not earn 2 additional floating holidays in the next fiscal
year. Instead, the employee will only earn that number of floating holidays, on
July 1 st 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 1 st
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
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Resolution Number 6054
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.
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
12.33 hours holiday pay
6 hours work pay
6 hours hardship pay
Pay Rate
regular hourly rate
regular hourly rate or overtime hourly rate, as
applicable under MOU
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
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Resolution Number 6054
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 Pav 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.
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. Eli ibilit
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 Of
Hours
Max. Hourly Accrual
Annual
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 Of
Hourly Accrual Rate
Service
Per Pay Period
0 -5
4.615
6
4.923
7
5.231
8
5.486
9
5.539
10 -19
6.154
20+
7.6923
Annual
Accrual Rate
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
200 hours
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Resolution Number 6054
Section 3. Maximum Accrual
A. An employee may accumulate unused vacation to a maximum of 400
hours. If the needs of the service require that a sworn employee be denied the use
of accrued vacation time and such denial is anticipated to result in a cessation of
accrual, the employee may request that his maximum accrual be increased to an
amount not to exceed the amount accrued in the preceding thirty -six (36) month
period. Such request must be submitted to the Chief of Police prior to a cessation
of accrual and is subject to the approval of the Chief of Police and City Manager.
B. The accrual of vacation shall cease when an employee's
accumulated vacation is at the maximum provided in this Section. Additional
vacation shall begin accruing when the employee's vacation balance falls below the
maximum.
C. An employee on Injury on Duty (IOD) status or leave may accrue
vacation up to the maximum under this section. Should the employee reach
maximum accumulation, the City shall cash out the equivalent hours that the
employee has taken for vacation during the fiscal year. Should the employee reach
maximum again after the cash out while still on IOD or leave, accruals shall cease.
Section 4. Use of Vacation
A. The time at which an employee's vacation is to occur shall be
determined by the Chief of Police with due regard for the wishes of the employee
and particular regard for the needs of the service.
B. Employees who have completed five (5) years or more of continuous
service may elect to be paid for up to a maximum of forty (40) hours of accumulated
vacation on an annual basis provided that forty (40) or more hours have been taken
as vacation time off during the course of the prior twelve (12) months.
Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for
all accumulated vacation no later than the next regular payday following
termination.
B. When termination is caused by death of the employee, the
employee's beneficiary shall receive the employee's pay for unused vacation. In
the event an employee has not designated a beneficiary, the payment shall be
made to the estate of the employee.
Section 6. Vacation Accrual During Leave of Absence
No vacation shall be earned during any leave of absence without pay for
each fourteen (14) day period (pay period) of such leave.
Section 7. Prohibition Against Working for City During Vacation
Employees shall not work for the City during their vacation and, thereby,
receive double compensation from the City.
ARTICLE XIV - LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay
A. Upon the Police Chief's recommendation and approval of the City
Manager, an employee may be granted a leave of absence without pay in cases of
an emergency or where such absence would not be contrary to the best interest of
the City, for a period not to exceed ninety (90) working days.
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Resolution Number 6054
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)
• All degree of relatives not listed but living within the household of the
employee
Section 3. Military Leave of Absence
A. Military leave shall be granted in accordance with the provisions of
State law. All employees entitled to military leave shall give the Chief of Police an
opportunity within the limits of military regulations to determine when such leave
shall be taken. Whenever possible, the employee involved shall notify the Chief of
Police of such leave request ten (10) working days in advance of the beginning of
the leave.
B. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave the current health benefits (healthcare, dental,
disability and life 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.
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Resolution Number 6054
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.
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
W
Resolution Number 6054
to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a
full work day; the employee shall contact his supervisor as to the feasibility of
returning to work that day.
ARTICLE XVI - SICK LEAVE
Section 1. General Sick Leave Provisions
A. Sick leave shall be used only in cases of actual personal sickness or
disability, medical or dental treatment, and family leave or as authorized by the City
Manager under special circumstances. The employee requesting sick leave shall
notify his immediate supervisor or Chief of Police prior to the time set for reporting
to work. Sick leave with pay shall not be allowed unless the employee has met and
complied with the provisions of this MOU.
B. Sick leave shall not be granted for disability arising from any sickness
or injury purposely self - inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of
physical fitness for duty for sick leaves in excess of three (3) consecutive working
days for those on a twelve (12) hour shift and in excess of four (4) consecutive
working days for those on other shifts.
Section 2. Eligibility All employees covered by this MOU shall be eligible to
accrue sick leave.
Section 3. Accrual
A. Sick leave shall be accrued at the rate of twelve and one -third (12-
1/3) hours per calendar month for each calendar month that the employee has
worked regularly scheduled hours and /or has been on authorized leave which
provides for full pay, for at least fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired
prior to July 1, 1985, will be placed into a newly established sick leave bank at the
rate of twelve and one -third (12 -1/3) hours per calendar month for per calendar
month for each calendar month that the employee has worked regularly scheduled
hours. This new sick leave bank, established February 4, 1998, cannot be cashed
out for disability retirement. Accumulated sick leave shall not be used to postpone
the effective date of retirement as determined by the City.
Section 4. Accumulation and Payment
A. There is no limit on the amount of sick leave that an employee may
accumulate.
B. An employee may be paid for unused sick leave pursuant to the
following:
1. Employees who have not completed fifteen (15) years of
services with the City will not be eligible to be paid for any accumulated sick leave,
nor shall any accumulated sick leave be used to postpone the effective date of
retirement as determined by the City.
2. Employees who have completed fifteen (15) years of service
with the City shall be paid for accumulated sick leave in the lesser amount of (i)
twenty -five percent (25 %) of his accumulated sick leave at the employee's 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 CalPERS
for service credit. Accumulated sick leave shall not be used to postpone the
19
Resolution Number 6054
effective date of retirement as determined by the City.
3. Employees employed prior to July 1, 1985, who are retired
because of work related disabilities will be paid all of their accumulated sick leave at
their final base hourly rate of pay. Accumulated sick leave shall not be used to
postpone the effective date of retirement as determined by the City. Any sick leave
accrued after February 4, 1998 will be placed in the sick leave bank set forth in
Section 3.13 above, and is not eligible for this payout provision.
Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of
illness charged to his accumulated sick leave provided that:
A. Immediately upon return to duty, the employee submits to his
supervisor a written request for sick leave and a written statement signed by his
physician describing the nature and dates of illness.
B. The Chief of Police recommends and the City Manager approve the
granting of such sick leave.
Section 6. Extended Sick Leave
In the event of an employee's continuing illness which results in depletion of
sick leave accumulation, the employee may request in writing, to the Chief of Police
and City Manager, a leave of absence without pay for the purpose of recovering
from the illness, provided:
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and
consideration by the City Manager, a written explanation of the employee's illness
and an estimate of the time needed for recovery signed by the employee's
physician.
C. Prior to resuming his duties, the employee may be required to take a
medical examination at City expense and provide a medical release to return to
work from the employee's physician as prescribed by the City Manager. The
employment record and the results of such examination shall be considered by the
City Manager in determining the employee's fitness to return to work.
D. The maximum period of such leave shall be ninety (90) calendar
days. If the employee desires an extension, he shall follow, prior to the termination
of the initial leave, the procedure described in Section 6.13 above.
Section 7. Family Leave
Upon a demonstration of need and subject to the following conditions, an
employee may take sick leave and /or unpaid leave to care for his newborn infant,
whether through parentage or adoption, or a seriously ill or injured member of the
employees "immediate family" as defined in Article XIV Section 2. Bereavement
Leave.
A. Proof of the birth or adoption of a 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
20
Resolution Number 6054
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 Iniury
Employees who are disabled by injury or illness arising out of and in the
course of their duties as public safety employees of the City, shall be entitled to the
benefits of California Labor Code Section 4850 as the Section now exists or is
hereinafter amended. Any payments made pursuant to this Section shall not be
charged as sick leave; sick leave and vacation benefits shall accrue during the
period of disability pursuant to the provision of California Labor Code Section 4850.
Section 9. Off The Job Injury
An employee injured outside of his service with the City shall be
compensated through the disability insurance plan provided by the City.
ARTICLE XVII - PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period
A. The original appointment and promotional appointment of employees
shall be tentative and subject to a probationary period of twelve (12) months of
service.
B. When unusual circumstances merit the extension of the probationary
period, the Chief of Police shall request, in writing, approval of the City Manager.
Said extension shall not exceed one hundred eighty (180) calendar days. The
Personnel Office shall notify the 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.
21
Resolution Number 6054
B. The written appraisal report of an employee's performance evaluation
shall be filed in triplicate, the original to be filed with the Personnel Office and made
a part of the employee's personnel records, one copy to be retained by the
department, and one copy to be given to the employee.
Section 4. Reiection of Probationary Employee
A. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Chief of Police, with approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive action as may be provided by law. Notification of rejection, in writing, shall
be served on the probationary employee and a copy filed with the Personnel Office.
A termination interview may be conducted with each rejected probationer.
B. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is
such a deprivation of a "liberty interest ", the employee shall be given pre -
disciplinary procedural due process as defined in the City of Seal Beach Personnel
Rules and Regulations and this Memorandum of Understanding. Prior to the
disciplinary action becoming final, the employee must be notified of his right to the
appeal procedure as outlined in these Rules and Regulations.
ARTICLE XVIII - LAYOFF PROCEDURES
Section 1. Policy
The policy for layoff procedures shall be as adopted in City's Personnel
Rules and Regulations.
ARTICLE XIX - MISCELLANEOUS PROVISIONS
Section 1. Tuition Reimbursement
A. Higher Education Degree Programs
Unit members attending accredited community colleges, universities, and
trade schools for the purpose of obtaining a higher education degree may apply
for reimbursement of tuition, books, student fees and parking. Reimbursement is
capped each calendar year at the tuition rate of the Cal State University system
for up to 2 semesters of full -time, undergraduate enrollment.
Reimbursement is contingent upon the successful completion of the
course. For any course that could be taken for a letter grade, it must be taken for
a letter grade and successful completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for graduate courses. For
any course that can only be taken for a grade of "credit" or "no credit ", successful
completion means a grade of "credit ". All claims for tuition reimbursement
require prior approval and are subject to verification and approval by the City
Manager. This tuition reimbursement does not pertain to P.O.S.T. courses
attended on duty.
Example 1: Officer A attends California State University, Long Beach, for
the Spring 2011 semester and completes two 3 -unit undergraduate courses with
a grade of "C" or better. The tuition reimbursement would be calculated as
follows:
2010 -2011 State University Tuition $ 1,227.00 (0 -6 units)
Required University Fees 290.00 (approx.)
Parking 123.00
Books 300.00 (approx.)
TOTAL $1,940.00
22
Resolution Number 6054
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
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.
23
Resolution Number 6054
ARTICLE XXI - CONCERTED REFUSAL TO WORK
Section 1. Prohibited Conduct
A. The Association, its officers, agents, representatives, and/or
members agree that they will respect relevant law and judicial decisions regarding
the withholding or diminishment of services to influence negotiations conducted
under Section 3500 et.seq of the California Government Code.
B. The City agrees that it shall not lock out its employees during the
term of this MOU. The term "lockout" is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall, or failure to return to
work employees of the City in the exercise of rights as set forth in any of the
provisions of this MOU or applicable ordinance or law.
C. Any employee who participates in any conduct prohibited in
subparagraph A. above may be subject to termination.
D. In addition to any other lawful remedies or disciplinary actions
available to the City, if the Association fails, in good faith, to perform all
responsibilities listed in Section 2., Association Responsibility, below, the City may
suspend certain rights and privileges accorded to the Association under the
Employer - Employee Relations Resolution or by this MOU including, but not limited
to, access to the grievance procedure and use of the City's bulletin boards and
facilities.
Section 2. Association Responsibility
In the event that the Association, its officers, agents, representatives or
members engage in any of the conduct prohibited in Section 1. above, Prohibited
Conduct, the Association or its duly authorized representatives shall immediately
instruct any persons engaging in such conduct that their conduct is in violation of
this MOU and unlawful, and they should immediately cease engaging in conduct
prohibited in Section 1. above, Prohibited Conduct, and return to work.
ARTICLE XXII - EMERGENCY WAIVER PROVISION
Section 1 . In the event of circumstances beyond the control of the City, such as
acts of God, fire, flood, civil disorder, national emergency, or similar circumstances,
provisions of this Memorandum of Understanding or the Personnel Rules and
Regulations of the City, which prevent the City's ability to respond to these
emergencies, shall be suspended for the duration of such emergency. After the
emergency is over, the Association shall have the right to meet and confer with the
City regarding the impact on employees of the suspension of these provisions in
the Memorandum of Understanding and any Personnel Rules and Regulations.
ARTICLE XXIII - SEPARABILITY
Section 1 . Should any provision of the MOU be found to be inoperative, void or
invalid by a court of competent jurisdiction, all other provisions of this MOU shall
remain in full force and effect for the duration of this MOU.
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
`,
Resolution Number 6054
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.
President, Seal Beach�Police Officers' Association
Officer Eric Tittle
Corporal Phil GoU5 A
Craig Jo
Date:
R
Date: F k R C1. 110
Date: 1 1- 9 - ( (7
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
David Carmany, Cify Manager
Date: //- / " - ' 6
�d
Robbeyn Bird, Director of Administrative Services
Ji . Ingram, Assista t t the City Manager
J K' tri k, Chief of P6 ice
Date: � t /1 / ► o
Date: 11 1c) I O
1
1
Date: //- P -/o
25
Resolution Number 6054
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.
Officers work out on their off duty time and may, depending upon availability of
funds and staffing needs, in return receive compensation back to them after
meeting the minimum requirements of the tests at the end of each six (6) month
period. Officers may receive up to twenty (20) hours of vacation time by meeting
the requirements of the test at the end of each six (6) month period. The
maximum time each officer will be able to achieve is up to forty (40) vacation
hours earned annually for as long as the officer continues successfully in the
program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee
and advise them of your intent. You will need to have a doctor's release to allow
you to participate in the program. A copy of the physical requirements of the
physical fitness program should be reviewed by your doctor when obtaining your
release. For details of the annual physical exam refer to Article XIII section 6 of
the SBPOA MOU.
TESTING
Each officer participating will be tested every six (6) months, specifically in the
months of January and July. A minimum level has been established for each test.
Participants will have to move up a category or reach maintenance level
indicated on each test by age group. At one (1) year and six (6) months,
participants will be required to be at the maintenance level. Once the
maintenance level has been attained, participants will have to maintain that level
on subsequent tests. Testing each six (6) month period will validate the
awarding of vacation time. Testing may be conducted during on -duty hours at the
Watch Commanders discretion. The Physical Fitness Committee will perform the
testing.
Initial program tests will be conducted in February 1998, June 1998 and
December 1998.
ALLOCATION OF HOURS
Employees will be awarded four (4) hours for successfully completing each test
as set forth in TESTING above. No employee shall receive any hours if they fail
to meet the minimum standards for at least three (3) of the five (5) tests.
For the December 1998 testing only, employees shall receive eight (8) hours per
successfully completed test.
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two (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.
Resolution Number 6054
VALIDATED HEALTHCARE PROBLEM CLAUSE
Those officers who for validated Healthcare reasons cannot participate in the
fitness program as designed may contact the Physical Fitness Committee for
program modification. Validated Healthcare problems are those diagnosed by a
physician as limiting participation in a certain activity.
REQUIRED TEST
The physical fitness needs of Police Officers fall into three (3) areas:
• Cardio Fitness
• Strength
• Flexibility
The tests outlined below may be modified by the Physical Fitness Committee as
necessary. The tests used in this program to evaluate fitness in these areas will
be:
Cardio Fitness:
Strength:
Flexibility:
1.5 Mile run
Push -ups
Forward Stretch
Sit -ups
Pull -ups
HEALTHCARE COVERAGE
Participation in the program will be on a voluntary basis.
Any exercise workouts done under this program, i.e. weight lifting, contact sports,
running, etc. would not be covered for benefits under Workers Compensation,
The city will not provide blanket coverage for any injury which could conceivably
be claimed under the pretext of participation in the Physical Fitness Program.
All employees must receive clearance from their personal physician prior to
beginning program participation.
CARDIO FITNESS TESTS - 1.5 Mile Run
Officers will run a 1.5 mile course established by the Training Unit. The time
needed to cover the distance is recorded and compared to the standards on the
chart.
This test is an excellent indication of the condition of the heart and lungs as it
measures ones aerobic capacity or the ability of the heart and lungs to utilize
oxygen.
1
1
1
27
Under 30 Below
30 -34 Below
35 -39 Below
Excellent
10:15
11:00
11:30
Good
10:16 -12:00
11:01 -12:30
11:31 -13:00
Fair
12:01 -14:30
12:31 -15:00
13:01 -15:30
Poor
14:31 -16:30
15:01 -17:00
15:31 -17:30
Very Poor
16:31 -Above
17:01 -Above
17:31 -Above
Maintenance Level
11:00
12:00
12:30
Minimum Level
14:30
15:15
15:30
40 -44 Below
40 -49 Below
50 + Below
Excellent
12:00
12:15
12:30
Good
12:01 -13:30
12:16 -13:45
12:31 -14:30
Fair
13:31 -16:00
13:46 -16:15
14:31 -17:00
Poor
16:01 -18:00
16:16 -18:15
17:01 -19:00
Very Poor
18:01 -Above
18:16 -Above
19:01 -Above
Maintenance Level
13:00
13:30
14:00
Minimum Level
15:45
16:00
16:45
1
1
1
27
Resolution Number 6054
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.
PULL -UPS
Officer will hold bar with the palms away from the body. Arms are extended out
straight in the beginning position with the feet off the ground. Officer must pull his
body up to a position where his chin is above the bar for one repetition. The total
number of correct pull -ups are recorded and compared to the standards on the
chart.
In lieu of pull -ups, officers may choose to do the "La Pull ". Officers are required
to pull down seventy percent (70 %) of their body weight ten (10) times in order to
achieve maintenance level. 1 , , .
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
Maintenance Level
40
35
25
18
Minimum 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 seventy percent (70 %) of their body weight ten (10) times in order to
achieve maintenance level. 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.
W
Under 30
30 -39
40 -49
50+
Excellent
9 & Above
7 & Above
6 & Above
5 & Above
Good
8
6
5
4
Fair
6 -7
4 -5
3 -4
2 -3
Poor
5
3
2
1
Very Poor
4 & Above
2 & Above
1 & Above
0
Maintenance Level
8
6
5
4
Minimum Level
j 5
j 3
j 2
j 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.
W
Resolution Number 6054
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 *
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
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-
Maintenance Level
45
40
35
30
Minimum 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.
I
1
29
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
Maintenance Level
+5
+4"
+1 "
0"
Minimum Level
0"
-2"
- 4 "
-5"
I
1
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Resolution Number 6054
' SEAL BEACH POLICE MANAGEMENT
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
FISCAL YEARS
2010-2013
EXPIRES ON JUNE 30, 2013
M
Resolution Number 6054
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
ARTICLE 1. TERM OF AGREEMENT ................................. ............................... 1
Section1 . .................................................................. ............................... 1
Section2 . .................................................................. ............................... 1
ARTICLE 2. RECOGNITION AND MEMBERSHIP .............. ............................... 1
Section1 . .................................................................. ............................... 1
Section2 . .................................................................. ............................... 1
Section3 . .................................................................. ............................... 1
ARTICLE3. SALARIES ....................................................... ............................... 1
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 ......... ............................... 2
Section1 . .................................................................. ............................... 2
Section2 . .................................................................. ............................... 2
ARTICLE 5. INDEMNIFICATION ......................................... ............................... 2
ARTICLE6. CITY RIGHTS .................................................. ............................... 2
Section1 . .................................................................. ............................... 2
Section2 . .................................................................. ............................... 3
ARTICLE 7. COMPENSATION PLAN ................................ ............................... 3
Section1 . .................................................................. ............................... 3
Section2 . .................................................................. ............................... 4
Section3 . .................................................................. ............................... 4
Section4 . .................................................................. ............................... 4
ARTICLE 8. ADVANCEMENT WITHIN MONTHLY BASE SALARY
GRADES .................................................................... ............................... 4
Section1 . .................................................................. ............................... 4
Section2 . .................................................................. ............................... 4
Section3 . .................................................................. ............................... 4
Section4 . .................................................................. ............................... 4
ARTICLE 9. SALARY INCREASES FOLLOWING PROMOTION ...................... 4
Section1 . .................................................................. ............................... 4
Section2 . .................................................................. ............................... 4
ARTICLE 10. SALARY DECREASES FOLLOWING DEMOTION ..................... 4
ARTICLE 11. ADJUSTMENT OF SALARY GRADES ......... ............................... 5
ARTICLE 12. SALARY AND BENEFITS SUSPENSION ..... ............................... 5
ARTICLE 13. SPECIAL PAY PROVISIONS ........................ ............................... 5
Section 1. Uniform Allowance .................................... ............................... 5
Section 2. Safety Equipment ...................................... ............................... 5
Section 3. Deferred Compensation ............................. ............................... 5
Section 4. Cash Payment .......................................... ............................... 5
Resolution Number 6054
ARTICLE 14. COURT TIME ................................................. ............................... 5
Section1 . .................................................................. ............................... 5
Section2 . .................................................................. ............................... 5
Section3 . .................................................................. ............................... 6
ARTICLE 15. CALL - BACK .................................................. ............................... 6
Section1 . .................................................................. ............................... 6
Section2 . .................................................................. ............................... 6
ARTICLE 16. STAND -BY PAY ............................................ ............................... 6
Section1 . .................................................................. ............................... 6
Section2 . .................................................................. ............................... 6
ARTICLE 17. MOVIE DETAIL ............................................. ............................... 7
Section1 . .................................................................. ............................... 7
ARTICLE 18. EXPERIENCE PAY ........................................ ............................... 7
Section1 . .................................................................. ............................... 7
Section2 . .................................................................. ............................... 7
Section3 . .................................................................. ............................... 7
Section4 . .................................................................. ............................... 7
Section5 . .................................................................. ............................... 7
Section6 . .................................................................. ............................... 7
Section7 . .................................................................. ............................... 7
Section8 . .................................................................. ............................... 9
Section9 . .................................................................. ............................... 9
Section10 .................................................................. ............................... 9
Section11 .................................................................. ............................... 8
ARTICLE 19. Ell
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
)UCATION INCENTIVE PAY ..................... ............................... 8
.................................................................. ............................... 8
.................................................................. ............................... 8
.................................................................. ............................... 8
.................................................................. ............................... 8
.................................................................. ............................... 8
.................................................................. ............................... 9
.................................................................. ............................... 9
ARTICLE 20. TUITION REIMBURSEMENT ........................ ............................... 9
ARTICLE 21. PHYSICAL FITNESS PROGRAM ................. ............................... 9
ARTICLE 22. TRAINING PROGRAMS ................................ ............................... 9
Section1 . .................................................................. ............................... 9
Section2 . ................................................................ ............................... 12
ARTICLE23. HOLIDAYS .................................................. ............................... 10
Section1 . ................................................................ ............................... 12
Section2 ..................................................................... .............................13
Section3 ................................................................... ............................... 13
Section4 ................................................................... ............................... 15
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION ....... ............................... 12
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING ....................... 12
ARTICLE 26. FRINGE BENEFIT LIMITS .......................... ............................... 12
Section1 . ................................................................ ............................... 12
Section2 ................................................................... ............................... 15
ARTICLE 27. FRINGE BENEFIT CHANGES .................... ............................... 12
Resolution Number 6054
ARTICLE 28. HEALTH CARE COVERAGE ...................... ............................... 12
Section 1. Health Care Coverage ............................. ............................... 12
Section 2. Health Insurance Plan for Retirees ........... ............................... 13
Section 3. Health Insurance Plan for Retiree's - Non -Sworn .................... 14
ARTICLE 29. LIFE INSURANCE ....................................... ............................... 14
ARTICLE 30. DISABILITY INSURANCE PLAN ................ ............................... 14
ARTICLE 31.
SECTION 125 PLAN ................................... ...............................
15
Eligibility .................................................. ...............................
ARTICLE 32.
ANNUAL PHYSICAL ................................... ...............................
15
17
ARTICLE 33. RETIREMENT .............................................. ............................... 15
Section1 . ................................................................ ............................... 15
Section2 . .................................................................... ...............................
ARTICLE 34. HOURS OF WORK - WORK PERIOD ........ ............................... 16
Section 1. Work Period ............................................. ............................... 16
Section 2. Three - Twelve Work Schedule .................. ............................... 16
Section 3. Reporting to California Public Employees' Retirement System
(PERS) .......................................................... ............................... 16
ARTICLE 35. OVERTIME COMPENSATION .................... ............................... 16
Section 1. Overtime Defined .................................... ............................... 16
Section 2. Compensation for Overtime .................... ............................... 16
Section 3. Compensatory Time ................................ ............................... 17
Section 4. Approval for Overtime ............................. ............................... 17
ARTICLE 36. VACATION .................................................. ...............................
17
Section 1.
Eligibility .................................................. ...............................
17
Section2.
Accrual .................................................... ...............................
17
Section 3.
Maximum Accrual ................................... ...............................
18
Section 4.
Use of Vacation ....................................... ...............................
18
Section 5.
Vacation Payment at Termination ........... ...............................
18
Section 6.
Vacation Accrual During Leave of Absence ...........................
18
Section 7.
Prohibition Against Working for City During Vacation .............
18
ARTICLE 37. LEAVE OF ABSENCE ................................. ............................... 18
ARTICLE 38. UNAUTHORIZED ABSENCE ...................... ............................... 19
ARTICLE 39. BEREAVEMENT LEAVE ............................. ............................... 19
ARTICLE 40. MILITARY LEAVE OF ABSENCE ............... ............................... 19
Section1 . ................................................................ ............................... 19
Section2 . ................................................................ ............................... 19
ARTICLE 42. JURY DUTY ...................................... ............................... 20
ARTICLE 43. SICK LEAVE ............................................... ............................... 20
Section 1. Accrual - Sworn Positions ......................... ............................... 20
Section 2. Sick Leave During Vacation ..................... ............................... 21
Section 3. Extended Sick Leave .............................. ............................... 21
Section 4. Accrual and Payment - Miscellaneous Positions ...................... 21
Section 5. General Sick Leave Provisions ............... ............................... 21
Section6 . ................................................................ ............................... 22
Section 7. Fitness for Duty ....................................... ............................... 22
ARTICLE 44. CATASTROPHIC LEAVE ............................ ............................... 22
Section 1. Establishment ......................................... ............................... 22
Section2. Purpose ................................................. ............................... 22
Resolution Number 6054
ARTICLE 45. FAMILY LEAVE (FMLA/CFRA) .................. ............................... 23
ARTICLE 46. ON- THE -JOB INJURY ................................. ............................... 23
ARTICLE 47. OFF - THE -JOB INJURY ............................... ............................... 23
ARTICLE 48. PERSONNEL RULES AND REGULATIONS ............................. 23
Section1 ................................................................... ............................... 23
Section2 ................................................................... ............................... 23
ARTICLE 49. PROBATIONARY PERIODS ....................... ............................... 23
Section1 . ................................................................ ............................... 23
Section 2. Objective of Probationary Period ............ ............................... 23
Section 3. Employee Performance Appraisal ........... ............................... 23
Section 4. Rejection of Probationary Employee ....... ............................... 24
ARTICLE 50. LAYOFF PROCEDURES ............................ ............................... 24
ARTICLE 51. MOU REOPENERS ..................................... ............................... 24
ARTICLE 53. NO STRIKE - NO LOCKOUT ...................... ............................... 24
Section1 . ................................................................ ............................... 24
Section2 . ................................................................ ............................... 24
Section3 . ................................................................ ............................... 25
Section4 . ................................................................ ............................... 25
ARTICLE 54. EMERGENCY WAIVER PROVISION .......... ............................... 25
ARTICLE 57. RATIFICATION ............................................ ............................... 25
EXHIBIT ........................................................................... ............................... 27
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ARTICLE 55.
SEPARABILITY PROVISION ...................... ...............................
25
ARTICLE 56.
SAVINGS CLAUSE ..................................... ...............................
25
ARTICLE 57. RATIFICATION ............................................ ............................... 25
EXHIBIT ........................................................................... ............................... 27
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IV
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH POLICE MANAGEMENT ASSOCIATION
The duly authorized representatives of the City of Seal Beach (hereinafter
referred to as "City ") and the SEAL BEACH POLICE MANAGEMENT
ASSOCIATION (hereinafter referred to as "Association "), having met and
conferred in good faith concerning the issues of wages, hours and other terms
and conditions of employment, as herein set forth, declare their agreement to the
provisions of this Memorandum of Understanding (MOU). The terms and
conditions set forth in this MOU shall be of no force and effect unless and until
this MOU is approved and adopted by the City Council of the City of Seal Beach.
Unless otherwise specifically provided for herein, whenever a compensation
change is indicated as occurring effective upon City Council adoption of this
MOU, the compensation change shall commence during the first payroll period
commencing after the Council adoption of this MOU.
ARTICLE 1. TERM OF AGREEMENT
Section 1. The term and effective date of this memorandum shall be July 1,
2010 through and including June 30, 2013.
Section 2. The Agreement may be extended beyond June 30, 2013 if both
parties concur in writing.
ARTICLE 2. RECOGNITION AND MEMBERSHIP
Section 1. Pursuant to the provisions of the Employer - Employee Relations
Ordinance No. 769, as amended, the City has recognized, for the purposes of
this Memorandum of Understanding, the SEAL BEACH POLICE MANAGEMENT
ASSOCIATION as the majority representative of the employees in the bargaining
unit, which includes Police Department full -time employees in the safety
classifications and assignments of Police Sergeant, Police Lieutenant, Police
Captain, and the miscellaneous classification of Police Records Supervisor.
Section 2 . The City recognizes the Association as the representative of the
employees in the classifications and assignments set forth in Section One above
for the purpose of meeting its obligations under this Memorandum of
Understanding, the Meyer - Milias -Brown Act, Government Code Section 3500 et
seq., when City Rules, Regulations, or laws affecting wages, hours, and /or other
terms and conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of the Association, not to
exceed six (6) in number, shall be entitled to meet and confer with Management
during said representatives' normal working hours without suffering any loss in
pay while absent from the duties for such purpose, providing that such time per
person shall not be unreasonable. The City also agrees that such
representatives may utilize not more than six (6) hours per month or seventy -two
(72) hours per year without suffering any loss in pay for such absence for the
purpose of meeting with employees who are represented by the Association
and /or other officers of the Association.
ARTICLE 3. SALARIES
Section 1. The following monthly base salary grade increases shall be provided
to employees occupying all classifications represented by the Association. The
monthly base salary increases shall be effective during the first payroll period
commencing during the indicated month of the following indicated years. The
Resolution Number 6054
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 %)
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,
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Resolution Number 6054
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
e)
services to be provided to the public;
To determine the methods of financing;
f)
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 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.
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Resolution Number 6054
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 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 Chief of Police and approved by the City Manager. The
employee shall retain his /her previous anniversary date.
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Resolution Number 6054
ARTICLE 11. ADJUSTMENT OF SALARY GRADES
When a salary grade for a given classification is revised upward or downward,
the incumbents of positions and classifications affected shall have their existing
monthly base salary adjusted to the same relative step in the new monthly base
salary grade and their anniversary date shall not be changed.
ARTICLE 12. SALARY AND BENEFITS SUSPENSION
During suspension from City service for disciplinary cause, an employee shall
forfeit all rights, privileges and salary, except he /she shall not forfeit his /her
medical health plans including dental, disability insurance, or life insurance.
Should such suspension be later modified or revoked, the employee shall be
entitled to receive payment for loss of income and benefits for any portion of the
suspension that is disapproved.
ARTICLE 13. SPECIAL PAY PROVISIONS
Section 1. Uniform Allowance — Whether or not said sworn employee wears a
traditional uniform, each sworn employee shall receive an annual uniform
allowance of eight hundred dollars ($800). The civilian position of Police
Records Supervisor shall receive an annual uniform allowance of four hundred
dollars ($400).
Section 2. Safety Equipment — The City shall provide the initial issue of
uniforms to include two (2) pants and two (2) shirts and, for sworn employees
utility equipment to include weapon, safety helmet, baton, and other safety
equipment as required by law or deemed necessary by the City. The City shall
replace and /or repair any equipment damaged within the course and scope of the
employees' employment. Recurring maintenance, repair, and /or replacement
due to normal wear shall be responsibility of the employee.
Section 3. Deferred Compensation - The City contributes twenty dollars ($20)
per payroll period into a deferred compensation program for the Police Records
Supervisor position.
Section 4. Cash Payment
A cash payment of One Thousand Dollars ($1,000) per employee shall be
provided to employees represented by the Association who are employed on the
effective date of this MOU. The cash payment shall be made during the first
payroll period that commences after this Memorandum of Understanding has been
ratified, approved, and adopted in accordance with Article 57. The cash payment
is made in lieu of a salary increase at the beginning of this three -year MOU and
thus shall not be used in calculating any employee's regular rate of pay.
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.
5
Resolution Number 6054
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 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 1 st 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
Resolution Number 6054
year, any hours of administrative leave carried over at the end of the fiscal year
results in the employee being unable to accrue that same amount of
administrative leave in the next fiscal year. Thus, for example, if an employee
uses only eighty (80) hours of administrative leave during a fiscal year and
carries over sixteen (16) hours of administrative leave to the next fiscal year, that
employee will only accrue eighty (80) hours of administrative leave on July 1st,
bringing the employee's administrative leave balance, on July 1st, up to the
ninety -six (96) hours maximum.
ARTICLE 17. MOVIE DETAIL
Section 1. Employees shall be paid seventy dollars ($70) per hour for outside
movie details. In is understood that time spent on movie detail is brokered
outside work and is not considered time worked for the purpose of calculation
City overtime compensation.
ARTICLE 18. EXPERIENCE PAY
- -For Employees 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 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 -sworn employees represented by the Association
with ten (10) years or more of consecutive Seal Beach service shall be eligible to
receive experience pay under only Section 3, above. Sections 4 and 5 do not
apply to non -sworn employees represented by the Association.
- -For Employees Hired On or After July 1, 2010:
Section 8. Qualified employees represented by the Association with a minimum
of ten (10) years of full time service as a sworn peace officer with the City of Seal
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Resolution Number 6054
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.
B. After twenty (20) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of ten percent (10 %) of the qualified
employee's monthly base salary.
C. After twenty -five (25) years of City of Seal Beach sworn peace officer
service, experience pay shall be paid at a rate of fifteen percent (15 %) of the
qualified employee's monthly base salary.
Section 11. Experience pay is not cumulative. Thus, an employee will only
receive the highest level of experience pay for which the employee is qualified. For
example, an employee reaching 20 years of service as a sworn peace officer with
the City of Seal Beach, stops receiving the 5% level of experience pay and begins
receiving only the 10% level of experience pay. Such an employee does not
receive both the 5% level and the 10% level, at the same time.
ARTICLE 19. EDUCATION INCENTIVE PAY
This Article is only applicable to sworn employees in the bargaining unit
represented by the Association. Non -sworn employees represented by the
Association are not eligible for Education Incentive Pay.
Section 1. Forty -five (45) Semester Units of College Credits — Employees
covered by this section who have completed forty -five (45) semester units of
credit from an accredited college or university with at least sixteen (16) units in
the field of Police Science shall receive three hundred dollars ($300) per month
in addition to his /her monthly base salary.
Section 2. Sixty (60) Semester Units of .College Credits or Intermediate
P.O.S.T. Certification - Employees covered by this section who have completed
sixty (60) semester units of credit from an accredited college or university with at
least nineteen (19) units in the field of Police Science or have attained a P.O.S.T.
Intermediate Certificate shall receive four hundred dollars ($400) per month in
addition to his /her monthly base salary.
Section 3. Bachelor of Arts /Bachelor of Science (BA/BS) Degree or Advanced
P.O.S.T. Certification - Employees covered by this section who have completed
BA/BS Degree from an accredited college or university with at least twenty -two
(22) units in the field of Police Science or have attained a P.O.S.T. Advanced
Certificate shall receive five hundred dollars ($500) per month in addition to
his /her monthly base salary.
Section 4. The above payment compensation shall be based on achievements
over and above the job requirements established in the position classification plan
for each classification. Payment to employees shall be based on the highest
achievement level only; e.g., employees with an Associate's and Bachelor's degree
will receive compensation for the Bachelor's degree only.
Section 5. Employees receiving Educational Incentive pay shall not lose that
pay if he /she is promoted to a classification which required the education for
which the employee is receiving the additional pay. If the minimum educational
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Resolution Number 6054
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
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.
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Resolution Number 6054
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
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
(1 st Monday in September)
(November 11)
(4th Thursday in November)
(December 24th)
(December 25th)
(January 1 st)
(3rd Monday in January)
(3rd Monday in February)
(Last Monday in May)
Section 2. Floating Holidays
The City will also recognize two (2) floating holidays each fiscal year for
sworn employees in the bargaining unit. The City will also recognize one (1)
floating holiday each fiscal year for non -sworn employees in the bargaining unit.
Each unit 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 1 st 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 sworn employee's floating holiday balance up to
two (2) floating holidays. The parties encourage employees in the unit to use
their floating holidays. Since floating holidays cannot be removed from an
employee once earned, and the parties do not want employees to have more
floating holidays on the books than would be received within the current fiscal
year, a floating holiday(s) carried over at the end of the fiscal year results in the
employee being unable to earn that holiday(s) in the next fiscal year.
The date on which a floating holiday will be used may be individually
selected by the employee subject to the approval of the Chief of Police. Approval
will not normally be granted if it would require the Department to backfill the
employee's position at time - and - one -half to maintain necessary
staffing /deployment levels. A floating holiday cannot be used on any of the
designated holidays recognized by the City or on another floating holiday. To
request to use, or cash out, a floating holiday, an employee must submit a
completed "Request for leave /overtime and special pay report".
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Resolution Number 6054
The past practice of the City in permitting the stacking of floating holidays
is specifically eliminated by the above language.
Section 3. Compensation for Holidays
A. Compensation for a Holiday when No Work is Performed on a
Holiday. When a holiday falls on a day that a sworn employee performs no work
(whether the day is the employee's scheduled work day or not), the employee
shall be paid 12.33 hours of holiday pay for the holiday, at the employee's regular
hourly rate of pay. When a holiday falls on a day that a non -sworn employee
performs no work (whether the day is the employee's scheduled work day or
not), the employee shall be paid 10 hours of holiday pay for the holiday, at the
employee's regular hourly rate of pay.
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
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Resolution Number 6054
work on the designated hardship holiday is specifically eliminated by the above
language.
Section 4. Conversion of Hardship Pay to Time Off
An employee may choose to convert any hardship pay to time off or non -
FLSA compensatory time at the rate of one hour of hardship pay converting to
one hour of time off or to one hour of non -FLSA compensatory time.
ARTICLE 24. FRINGE BENEFIT ADMINISTRATION
The City reserves the right to select the insurance carrier or administer any fringe
benefit program that now exist or may exist in the future during the term of this
MOU, unless otherwise specified within this MOU.
ARTICLE 25. FRINGE BENEFIT SELECTION AND FUNDING
In the administration of the fringe benefit programs, the City shall have the right
to select any insurance carrier or other method of providing coverage to fund the
benefits included under the terms of the MOU, provided that the benefits of the
employees and affected retirees shall be no 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. HEALTHCARE COVERAGE
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 sworn and non -sworn employees and
retirees. The City's contribution toward coverage under PEMHCA shall be the
minimum contribution amount established by CalPERS on an annual basis.
Effective January 1, 2008 the City's contribution under PEMHCA shall be $97.00.
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:
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Resolution Number 6054
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
CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the sworn
retired employee becomes Medicare eligible, the City's contribution will be capped
at the rate of (a) the average of the two (2) lowest cost Medicare supplement plans
offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan,
whichever is greater.
2. If the employee has twenty (20) or more years of full -time City
of Seal Beach service, the City shall pay such retired employee and one
dependent, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is
greater. When the sworn retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
3. If the employee has twenty -five (25) or more years of full -time
City of Seal Beach service, the City shall pay such retired employee and
dependents, depending on the qualified dependent status, the group health care
insurance premium at the rate of (a) the average of the two (2) lowest cost health
care plans offered by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the two (2) lowest cost
Medicare supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
B. The City shall provide to any sworn retired employee (either service
or disability) who is hired on or after January 1, 2008, and who has both fifteen (15)
or more years of full -time City of Seal Beach service and has attained the age of
fifty (50) the following group Healthcare insurance benefits:
1. The City shall contribute at the minimum rate under
PEMHCA as mandated by CalPERS.
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Resolution Number 6054
C. In all cases, the City's contribution for eligible dependent coverage
for retirees shall terminate with the death of the retiree.
D. In the event an eligible retired employee resides in an area where
the health plans provided by the City are not in effect, that retired employee shall
be entitled to receive in cash each month an amount equal to the monthly
contribution the City would otherwise have contributed to that retired employee
toward health and dental insurance premiums.
Section 3. Health Insurance Plan for Retiree's — Non -Sworn
A. Shall have the option upon retirement, through the Public
Employees Retirement System Health Program (PERS), to continue participation
in the City's health insurance program at the employee's expense.
1. Those qualified non -sworn positions with 20 or more years of
employment with the City, have reached 55 years of age, and retires before
December 31, 2009, shall be provided with individual health insurance coverage
through the Public Employees Retirement System Health Program (PERS). If
said employee has 30 or more years of employment with the City upon
retirement, eligible dependent health insurance coverage shall also be provided
through the Public Employees Retirement System Health Program.
2. Those qualified non -sworn positions 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 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 CalPERS. 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
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Resolution Number 6054
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 dollar amount and plan year length is
administered and determined by the Personnel Department at the direction of the
City Manager.
ARTICLE 32. ANNUAL PHYSICAL
The City shall provide a physical exam periodically as indicated below for the
purpose of detecting heart trouble and cancer for sworn unit members. The exam
shall be given by a City appointed physician who is acceptable to the Association.
Cost of said physical exam shall be borne by the City. The resulting diagnosis shall
be submitted to the City as well as the employee together with specifics of
corrective treatment.
Physical Exam Schedule:
New Employee
Employee under 40
Employee 40 & Over
ARTICLE 33. RETIREMENT
2nd year following appointment
Alternate years
Every year
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.
Section 3. The City shall pay all the employees' contribution to their retirement
plan and place it in the employees' individual PERS retirement accounts.
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Resolution Number 6054
D
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.
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.
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Resolution Number 6054
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.
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:
Years Of
Hours
Max. Hourly Accrual
Annual
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
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Resolution Number 6054
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1
D. An eligible employee hired on or before February 1, 1998, shall accrue
vacation leave by the following schedule:
Years Of
Hourly Accrual Rate
Service
Per Pay Period
0 -5 Years
4.615
6
4.923
7
5.231
8
5.486
9
5.539
10 -15
6.154
16+
7.692
Annual
Accrual Rate
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
200 hours
Section 3. Maximum Accrual
hours.
A. An employee may accumulate unused vacation to a maximum of 400
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 — Vacation is granted as follows:
A. The time at which an employee's vacation is to occur shall be
determined by the Chief of Police with due regard for the wishes of the employee
and particular regard for the needs of the service.
B. Employees who have completed five (5) years or more of
continuous service may elect to be paid for up to a maximum of forty (40) hours
of accumulated vacation on an annual basis provided that forty (40) or more
hours have been taken as vacation time off during the course of the prior twelve
(12) months.
Section 5. Vacation Payment at Termination — Employees terminating
employment shall be paid in a lump sum for all accumulated vacation no later
than the next regular payday following termination. If the termination is due to
death of the employee, the employee's beneficiary designated on the City's life
insurance policy form in the employee's personnel file shall receive the
employee's pay for unused vacation. In the event an employee has not
designated a beneficiary, the payment shall be made to the estate of the
employee.
Section 6. Vacation Accrual During Leave of Absence — No vacation shall be
earned during any leave of absence without pay for each fourteen (14) day
period (pay period) of such leave.
Section 7. Prohibition Against Working for City During Vacation — Employees
shall not work for the City during his /her vacation and, thereby receive double
compensation from the City.
ARTICLE 37. LEAVE OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay — Authorized Leave of
Absence Without Pay is granted as follows:
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Resolution Number 6054
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 Memorandum of Understanding, except that the City shall
contribute to an employee's medical and dental health plan, disability insurance
plan, and life insurance plan for the first thirty (30) calendar days of the leave of
absence.
ARTICLE 38. UNAUTHORIZED ABSENCE
Unauthorized absence is days, or portions of days, wherein an employee is
absent from work without City approval. Unless subsequently approved, such
absence will result in a deduction from the employee's pay of an amount
equivalent to the time absent. Employees taking unauthorized absence may be
subject to disciplinary action, up to and including termination of employment.
ARTICLE 39. BEREAVEMENT LEAVE
Section 1. Employees may be granted up to forty (40) hours of bereavement
leave, by the reason of the death in their family which shall be restricted and
limited to immediate family by reason of biology, marriage, or adoption, or all
degree of relatives not listed but living within the household of the employee.
Family lineage covered by this provision:
• Spouse or Registered Domestic Partner
• Father and Mother (Including Step parent and adoptive parent)
• Father and Mother In -Law
• Grandparent
• Brother and Sister (Including step sibling or sibling due to legal adoption)
• Child (Including step child, child due to marriage or legal adoption)
• Grandchild (Including step grandchild,' due to marriage or legal adoption)
• 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
W01
Resolution Number 6054
continue said benefits at his /her cost.
ARTICLE 41.
This article was intentionally left blank and has been reserved for future use.
ARTICLE 42. JURY DUTY
Section 1 . Jury Duty is granted as follows:
A. Employees required to report for jury duty shall be granted leave of
absence for such purpose, upon presentation of jury notice to the Chief of Police.
Said employees shall receive full payment for the time served on jury duty,
provided the employee remits any fees received for such jury service, excluding
payment for mileage, to the City's Administrative Services (Finance) Department.
Compensation for mileage, subsistence or similar auxiliary allowance shall not be
considered as a fee and shall be returned to the employee by the Administrative
Services (Finance) Department.
B. If the sum of the employee's jury duty responsibility is less than a
full work day, the employee shall contact his supervisor as to the feasibility of
returning to work that day.
ARTICLE 43. SICK LEAVE
Section 1. Accrual - Sworn Positions
A. Sick leave shall be accrued at the rate of twelve and one -third (12-
1/3) hours per calendar month for each calendar month that the sworn employee
has worked regularly scheduled hours and /or has been on authorized leave which
provides for full pay, for at least fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for sworn unit employees
hired prior to July 1, 1985, will be placed into the established sick leave bank at
the rate of twelve and one -third (12 -1/3) hours per calendar month for each
calendar month that the employee has worked regularly scheduled hours. This
new sick leave bank, established February 4, 1998, cannot be cashed out for
disability retirement. Accumulated sick leave shall not be used to postpone the
effective date of retirement as determined by the City.
C. Employees who are on authorized leaves of absence, without pay,
shall not accrue sick leave hours during said leaves of absence.
D. There is no limit on the. amount of sick leave that an employee may
accumulate.
E. An employee may be paid for unused sick leave pursuant to the
following:
1. Employees who have not completed fifteen (15) years of
services with the City will not be eligible to be paid for any accumulated sick leave,
nor shall any accumulated sick leave be used to postpone the effective date of
retirement as determined by the City.
2. Employees who have completed fifteen (15) years of service
with the City shall be paid for accumulated sick leave in the lesser amount of (i)
twenty -five percent (25 %) of his accumulated sick leave at the employee's final
base hourly rate of pay or (ii) two thousand five hundred dollars ($2,500).
Accumulated sick leave shall not be used to postpone the effective date of
retirement as determined by the City. Remaining sick leave hours are converted to
8 hour days and reported to CalPERS for service credit.
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Resolution Number 6054
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 1.13 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 3.13 above.
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.
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Resolution Number 6054
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.
B. The leave pool shall be administered by the Administrative Services
(Finance) Department.
C. Employees must be in regular full -time appointed positions to be
eligible for catastrophic leave.
D. Employees receiving Long -Term Disability payments may
participate in this program, but may not receive combined payments that would
exceed their normal take home pay.
E. All donations are to be confidential, between the donating
employee and the Administrative Services (Finance) Department.
F. Employees donating to the pool must have forty (40) hours of paid
leave available after making a donation.
G. Donating employees must complete a Catastrophic Leave Program
form with a signed authorization, and includes specifying the specific employee
to be a recipient of the donation.
H. Donations will be subject to applicable tax laws.
I. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
J. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
K. Catastrophic Leave due to illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's ability to perform normal duties.
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Resolution Number 6054
ARTICLE 45. FAMILY LEAVE (FMLA/CFRA)
Family Leave (FMLA/CFRA) request procedures are established by City
Manager Administrative Directive, Section 200 -21 and are incorporated herein by
reference, and shall govern.
ARTICLE 46. ON- THE -JOB INJURY
Sworn employees who are disabled by injury or illness arising out of and in the
course of their duties as public safety employees of the City shall be entitled to
the benefits of California Labor Code, Section 4850, as the Section now exists or
is hereinafter amended. Any payment made pursuant to this section shall not
charged as sick leave; sick leave and vacation benefits shall accrue during the
period of disability pursuant to the provisions of California Labor Code, Section
4850.
ARTICLE 47. OFF - THE -JOB INJURY
An employee injured outside of 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:
1
23
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Resolution Number 6054
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.
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.
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.
24
Resolution Number 6054
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
F�
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.
(Intentionally Left Blank)
Ll
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Resolution Number 6054
1
n
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 OF SEAL BEACH:
For the SEAL BEACH POLICE
MANAGEMENT ASSOCIATION:
Date: // -/O - I b
� - -7
David Carmany, Vity Manager
kk /Lo / ta
Robbeyn Bir , Director of Administrative
Services
Date: till o it e
II
rgean Joe Miller
Sergeant Ron LaVelle
3 U Ingram, Assis ant o the City Manager E
,�K I)rfk fttrick, Chief of Police
Steve Bowles
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Resolution Number 6054
EXHIBIT A
SEAL BEACH POLICE PHYSICAL FITNESS PROGRAM
INTRODUCTION
The physical fitness program is a voluntary program for all sworn officers.
Officers work out on their off duty time and may, depending upon availability of
funds and staffing needs, in return receive compensation back to them after
meeting the minimum requirements of the tests at the end of each 6 month
period. Officers may receive up to 20 hours of vacation time by meeting the
requirements of the test at the end of each six month period. The maximum time
each officer will be able to achieve is up to 40 vacation hours earned annually for
as long as the officer continues successfully in the program.
ENROLLMENT
To start the program, each officer must contact the Physical Fitness Committee
and advise them of your intent. You will need to have a doctor's release to allow
you to participate in the program. A copy of the physical requirements of the
physical fitness program should be reviewed by your doctor when obtaining your
release. For details of the annual physical exam refer to Article 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 m6ve up a category or reach maintenance level
indicated on each test by age group. At one: year and six months, participants
will be required to be at the maintenance level. Once the maintenance level has
been attained, participants will have to maintain that level on subsequent tests.
Testing each six month period will validate the awarding of vacation time. Testing
may be conducted during on -duty hours at the Watch Commanders discretion.
The Physical Fitness Committee will perform the testing.
Initial program tests will be conducted in February 1998, June 1998 and
December 1998.
ALLOCATION OF HOURS
Employees will be awarded four hours for successfully completing each test as
set forth in TESTING above. No employee shall receive any hours if they fail to
meet the minimum standards for at least three of the five tests. For the
December 1998 testing only, employees shall receive eight (8) hours per
successfully completed test.
PHYSICAL FITNESS COMMITTEE
The Physical Fitness Committee shall be comprised of four (4) members - two to
be appointed by the SBPOA Board of Directors, and two to be appointed by the
Chief of Police. The Physical Fitness Committee is established to retain
administrative control over the program. All committee members shall be active
participants in the program. The committee will be responsible for examining
problems and disputes that arise from the administration of the program. The
committee will be the formal arbitrators on these matters.
27
Resolution Number 6054
u
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
n
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.
RE;
Under 30 Below
30 -34 Below
35 -39 Below
Excellent
10:15
11:00
11:30
Good
10:16 -12:00
11:01 -12:30
11:31 -13:00
Fair
12:01 -14:30
12:31 -15:00
13:01 -15:30
Poor
14:31 -16:30
15:01 -17:00
15:31 -17:30
Very Poor
16:31 -Above
17:01 -Above
17:31 -Above
Maintenance Level
11:00
12:00
12:30
Minimum Level
14:30
15:15
15:30
40 -44 Below
40 -49 Below
50 + Below
Excellent
12:00
12:15
12:30
Good
12:01 -13:30
12:16 -13:45
12:31 -14:30
Fair
13:31 -16:00
13:46 -16:15
14:31 -17:00
Poor
16:01 -18:00
16:16 -18:15
17:01 -19:00
Very Poor
18:01 -Above
18:16 -Above
19:01 -Above
Maintenance Level
13:00
13:30
14:00
Minimum Level
15:45
16:00
16:45
RE;
Resolution Number 6054
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.
PULL -UPS
Officer will hold bar with the palms away from the body. Arms are extended out
straight in the beginning position with the feet off the ground. Officer must pull his
body up to a position where his chin is above the bar for one repetition; the total
number of correct pull -ups are recorded and compared to the standards on the
chart.
In lieu of pull -ups, officers may choose to do the "La Pull ". Officers are required
to pull down 70 percent of their body weight ten times in order to achieve
maintenance level.
Under 30
30 -39
40 -49
50 +
Excellent
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
Maintenance Level
40
35
25
18
Minimum 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.
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.
1
29
Under 30
30 -39
40 -49
50+
Excellent
9 & Above
7 & Above
6 & Above
5 & Above
Good
8
6
5
4
Fair
6 -7
4 -5
3 -4
2 -3
Poor
5
3
2
1
Very Poor
4 & Above
2 & Above
1 & Above
0
Maintenance Level
8
6
5
4
Minimum 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.
1
29
Resolution Number 6054
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 *
u
i
J
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
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-
Maintenance Level
45
40
35
30
Minimum 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.
011
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
Maintenance Level
+5"
+4"
+1 .1
0"
Minimum Level
0"
- 2 "
-4"
- 5 "
011