HomeMy WebLinkAboutCC AG PKT 2004-04-26 #M AGENDA REPORT 4 ° 6 991
DATE: April 26, 2004
TO: Honorable Mayor and City Council
FROM: John B. Bahorski, City Manager
SUBJECT: POLICE OFFICERS ASSOCIATION EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
SUMMARY OF REQUEST:
Adopt the attached Memorandum of Understanding establishing wages and benefits for
July 1, 2003 — June 30, 2005.
BACKGROUND:
The City has met and conferred with the Police Officer's Association. Both parties have
agreed to a two year contract, which includes a 2% across the board salary increase
effective the first payroll in July 2003, a 2% across the board salary increase effective the
first payroll in July 2004, a 20% increase in medical cap effective the first payroll in July
2003 and a $100 increase in medical cap effective January 1, 2005.
FISCAL IMPACT:
Approximate impact of providing a 2% increase in salary for both years is $144,477. The
approximate impact of providing an increase in the medical cap is $55,203. The
combined cost is $199,680.
RECOMMENDATION:
With the ado , ►n of the consent cal -ndar, Council will approve the attached Resolution
# adop . the Memor. d . ► Understanding for the Police Officer's Association.
A 4 6 i
o B.7 orski, City Manager
Agenda Item Al
SPAT. BEACH POTJCF. OFFICER'S ASSOCIATION
MRMOR ANDT TM OF I INTER STA•NDINC
TABLE OF CONTENTS
ARTICT.F. T RECOGNITION
Section 1. 1
Section 2. 1
Section 3. 1
ARTICI.P IT FMPT.OYFF, ORGANIZATION DIMS
Section 1. Dues and Benefit Deductions
1
Section 2. Indemnification 2
ARTICLE TTT CITY RIGHTS
Section 1. 2
Section 2. 3
ARTICT.F. TV NQN DISCRIMINATION
Section 1. 3
Section 2. 3
ARTICLE, V COMPENSATION PLAN
Section 1. Basic Compensation Plan 3
Section 2. Advancement Within Salary Ranges 4
Section 3. Salary Increases Following Promotion 4
or Temporary Assignment
Section 4. Salary Decreases - re Demotion 5
•
Section 5. Adjustments of Salary Ranges 5
Section 6. Salary and Benefits on Suspension 5
Section 7. Salary Adjustments During Term 5
ARTICLE VT SPECIAT, PAY PR OVTSTONS
Section 1. Uniform Allowance and Safety Equipment 5
Section 2. Temporary Assignment Pay 6
Section 3. Court Time 6
Section 4. Call -back 7
Section 5. Training Programs 7
Section 6. Educational Incentive Pay 7
Section 7. Stand -by Pay 8
Section 8. Experience Pay 8
Section 9. Movie Detail 9
ARTICLE, VII FRINGE. BENEFIT ADMTNTSTRATION
Section 1..Administration 9
Section 2. Selection and Funding 9
Section 3. Limits 9
Section 4. Changes 10
ARTTCT,F. VITT HEAT 114, DENTAL, I.TFF. Rr. DTS MITT JTY INSTTRANCF,
Section 1. Health and Dental Insurance Plan 10
Section 2. Health Insurance Plan for Retiree's
11
Section 3. Life Insurance Plan • 12
Section 4. Disability Insurance Plan 12
Section 5. Premium Only Plan
13
Section 6. Annual Physical 13
ARTTCT,F. TX RETIREMENT
v
Section 1. 13
Section 2. 13
ARTTCT,F X TTOT TR S OF WORK
Section 1. Work Period 14
Section 2. Three- Twelve Work Schedule 14
AR TICE ,F. XT OVFRTIME COMPENSATION
Section 1. Overtime Defined 14
Section 2. Compensation for Overtime 15
Section 3. Compensatory Time 15
Section 4. Overtime Reporting 15
ARTTCI E XTT HOI "DAYS
Section 1. Recognized Holidays 15
Section 2. Holiday Compensation 16
AR TIM .F XTIT_ VACATION
Section 1. Eligibility 16
Section 2. Accrual '16
Section 3. Maximum Accrual 17
Section 4. Use of Vacation 17
Section 5. Vacation Payment at Termination 18
Section 6. Vacation Accrual During Leave 18
Section 7. Prohibition Against Working for City
During Vacation 18
ARTTCT.F. XIV I,F,AVFS OF ABSF.NCE
Section 1. Authorized Leave Without Pay 18
Section 2. Bereavement Leave 18
Section 3. Military Leave 19
Section 4. Pregnancy Disability Leave 19
Section 5. Unauthorized Leave of Absence 20
ARTICT.F. XV TT TRY DI JTY
Section 1. Compensation for Jury Duty 20
ARTICT,F. XVI SICK I.FAVF.
Section 1. General Sick Leave Provisions 20
Section 2. Eligibility 20
Section 3. Accrual 21
Section 4. Accumulation and Payment 21
Section 5. Sick Leave During Vacation 21
Section 6. Extended Sick Leave 22
Section 7. Family Leave 22
Section 8. On- the -Job Injury 23
•
Section 9. Off - the -Job Injury 23
AR TIC XVTT_ PRORATIONARY PERIODS
Section 1. Appointment Following Probation 23
Section 2. Objective of Probation 23
Section 3. Employee Performance Appraisal 23
Section 4. Rejection of Probationary Employee 24
ARTICLE XVTTT LAYOFF PROCPT)TTRES
Section 1. Policy 24
AR TIM XTX MTSCFT.T.ANPOI1S PROCEDI TRES
Section 1. Tuition Reimbursement 24
Section 2. Physical Fitness Program 25
Exhibit B
ARTICLE XX ENTIRE MF.MORANT)T TM OF T 1NTWRSTANDING 25
ARTTCTP.. XXI CONCERTED RFFT LSAT, TO WORK
Section 1. Prohibited Conduct 25
Section 2..Association Responsibility 26
ARTTCT.F. XXTT EMERGENCY WAIVER PROVISION 26
ARTTCT.F, XXTTI SEPARARTT.TTY 26
• _ t II A. I► : u • uI u • : _ ►IN 1 • K1• _ ►1• I►
Section 1. Term 26
Section 2. Negotiation Commencement Date 26
ARTTCT,F, XXV RATTFTCATTON 27
F.XHTRTT A — Salary Detail 28
FXHIRIT R — Physical Fitness Program Detail
30
•
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SEAL BEACH
AND THE
SEAL BEACH POLICE OFFICER'S ASSOCIATION
ARTTCT,F T - RFCOCrNTTTON
Section 1. Pursuant to the, provisions of the Employer - Employee Relations Ordinance No. 769, as
amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" interchangeably)
has recognized, for the purpose of this Memorandum of Understanding, the Seal Beach Police
Officer's Association as the majority representative of the employees in the bargaining unit, which
includes Police Department full -time employees in the classifications and assignments of: a) Police
Officer and b) Police Corporal.
Section 7 The City recognizes the Association as the representative of the employees in the
classification and assignments set forth in Section 1. above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyer -Milias-Brown Act, Government
Code Section 3500 et seq., when City Rules, Regulations, or laws affecting wages, hours, and/or
other terms and conditions of employment are amended or changed.
Section 3. The City agrees that the representatives of Association, not to exceed six (6) in number,
shall be entitled to meet and confer with Management during said representatives' normal working
hours without suffering any loss in pay while absent from the duties for such purpose, providing
that such time per person shall not be unreasonable. The City also agrees that such representatives
may utilize not more than six (6) hours per month or seventy -two (72) hours per year without
suffering any loss in pay for such absence for the purpose of meeting with employees who are
members of Association and/or other offices of Association.
ARTTCLF, TT - EMPLOYEF. ORCTANTZATTONAL DT IFS
Section 1 Dues and Benefit Deductions
A. The City will provide voluntary payroll deductions for all members of the Association
for regular and periodic dues and benefit program premiums as specified by agreement between the
City and the Association and signed by the member. The Authorization Form content shall be
mutually agreed to by the Association and the City.
B. The City shall remit such funds to the Association within fifteen (15) days following the
deductions.
C. The City shall make payroll deductions for purposes of an employee depositing funds or
making payments directly to a Federal Credit Union, providing that any deductions shall not be less
than two dollars ($2.00) on a bi- weekly basis.
Section 7 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.
ARTTCT.F. TTT - CITY RIGHTS
Section 1. The City reserves, retains and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this Memorandum
of Understanding or by law in the exercise of it's rights to manage the business of the City, as such
rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive
rights of management, not abridged by this Memorandum of Understanding or by law, shall
include, but not be limited to, the following rights:
A. To determine the nature, manner, means, technology and extent of services and
activities to be provided to the public.
B. To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted.
C. To determine and change the number of locations, and types of operations, processes
and materials to be used in carrying out all City functions including, but not limited to, the right to
contract for or subcontract any work or operation. -
D. To assign work to and schedule employees in accordance with requirements as
determined by the-City, and to establish and change work schedules and assignments.
E. To- establish and modify employee performance standards and productivity and
performance programs including, but not limited to, quality and quantity standards, and to require
compliance therewith.
F. To establish and promulgate and/or modify rules and regulations to maintain order,
safety and efficiency in the City, it's facilities and operations.
G. To determine policies, procedures and standards for the selection, training and
promotion of employees.
2
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 7 Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall impact the wages,
hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet
and confer in good faith with representatives of the Association regarding the impact of the
contemplated exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this Memorandum of Understanding.
ARTTCT,F. TV - NON- DISCRTMTNATTON
Section 1 . The City and the Association agree that they shall not discriminate against any employee
because of race, color, sex, age, national origin, political or religious opinions or affiliations. The
City and the Association shall reopen any provision of this Memorandum of Understanding for the
purpose of complying with any final order of the federal or state agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this- Memorandum
of Understanding in compliance with state or federal anti - discrimination laws.
Section ? Whenever the masculine gender is used in this Memorandum of Understanding, it shall
be understood to include the feminine gender.
ARTTCT.F V - CC)MPF.NSATTON PLAN
Section 1. Basic Compensation Plan
A. All employees covered by this Memorandum of Understanding shall be included under
the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range
adopted by the City Council. The salary schedule shall consist of five (5) steps within each range.
B. The first step is a minimum rate and is normally the hiring rate for the classification.
An employee may be assigned, upon appointment, to other than the normal entering salary step
within the assigned range upon the recommendation of the Chief of Police and the approval of the
City Manager when it is decided that such action is in the best interest of the City.
C. The second step, B step, is a merit adjustment which may be given at the end of six (6)
months of employment subject to the recommendation of the Police Chief and approval of the City
Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee to
improve his work and to recognize increased skill on the job. Employees are normally eligible for
3
these adjustments at any time after the completion of one (1) year of service at the preceding step.
Each adjustment shall be made subject to the recommendation of the Chief of Police and approved
by the City Manager.
Section 7 Advancement within Salary Ranges
A. In order to properly compensate an employee, advancement in salary shall be based on
merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased service
value of the employee to the City.
C. The Chief of Police and/or the employee's immediate supervisor shall be responsible to
evaluate employees fairly in an unbiased fashion for the determination of job performance.
Advancement shall be made only upon recommendation of the Chief of Police with approval of the
City Manager.
D. An employee must be reviewed at least once every twelve (12) months from the
effective date of his last performance step increase, special performance advancement or promotion.
Nothing contained herein shall restrict the Chief of Police from denying the increase after
evaluation, nor shall it prevent him from recommending a special performance advancement in
salary at any time when unusual or outstanding achievement has been demonstrated.
E. It shall be the responsibility of each supervisor to establish realistic achievement levels •
for each step increase within a salary range. Achievement levels may be formal or informal and
shall be reviewed by the Chief of Police for the purpose of maintaining uniformity of standards
throughout the department.
Section Salary increases Following Promotion
A. Promotional Appointment - When an employee is promoted to a position with a higher
salary range, the employee shall be compensated at a step of the salary range assigned to the new
position that is closest to providing a 5% salary increase over the base salary received immediately
prior to promotion.
B. Temporary Appointment - In special circumstances, when in the best interest of the City,
the City Manager may approve a temporary assignment of an employee to higher -level
classification. In such temporary assignments lasting thirty (30) consecutive calendar days or more,
the employee shall be compensated at a step of the salary range assigned to the new position that is
closest to providing a 5% salary increase over the base salary received prior to the temporary
appointment.
4
Section 4 Salary Decreases Following Demotion
In the case of a demotion of any employee in the department to a classification with a lower
maximum salary, such employee shall be assigned to the appropriate salary step in the new
classification as recommended by the Chief of Police and approved by the City Manager. The
employee shall retain his previous anniversary date.
Section 5. Adjustments of Salary Rang s
When a salary range for a given classification is revised upward or downward, the incumbents of
positions and classifications affected shall have their existing salary adjusted to the same relative
step in the new salary range and their anniversary date shall not be changed.
Section 6 Salary and Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee shall forfeit all rights,
privileges and salary, except he shall not forfeit his medical health plans including dental,
retirement plan, disability insurance, or life insurance. Should such suspension be later modified or
revoked, the employee shall be entitled to receive payment for loss of income and benefits during
the period of suspension.
Section 7, Salary adjustments during Term of Memorandum of I lnderstanding
Attached hereto and incorporated herein is Exhibit "A ". Said Exhibit effects'base salary
adjustments for represented classifications as follows:
A. Effective 7000035/200% a 2%4% base salary increase.
B. Effective first payroll period July, 20012004, a 2°%4% base salary increase. Flub CPI ft,'
,. •
CALNA.A.1 OYU). - -
•
C. Effcaivc flint ya y cii0d July, 2002, a 4% babe ,alaiy Flab CPI fvt Uibati
•
ARTICL F. VT - SPFCTAT, PAY PROVISIONS
Section 1 1lniform Allowance and Safety Equipment
A. An employee, whether or not said employee wears a traditional uniform, shall receive
an annual uniform allowance of six hundred sixty dollars ($660).
5
B. The City shall provide the initial issue of uniforms to include two (2) pants and two (2)
shirts and utility equipment to include weapon, safety helmet, baton, and other safety equipment as
required by law or deemed necessary by the City. The City shall replace and/or repair any
equipment damaged within the course and scope of the employees' employment. Recurring
maintenance, repair and/or replacement due to normal wear shall be the responsibility of the
employee.
C. An employee assigned as a motor officer shall receive an initial issue of required
uniform items incident to such duty. Such items include, but are not limited to: jacket, boots,
gloves, and two pair of trousers.
S ctP� inn 2. Temporary Assignment Pay
A. Field Training Officer (Regular Police Officer Trainees) - Each Officer performing
duties of a Field Training Officer shall receive one -half hour compensation at straight time for
either payment or compensatory time off for each shift of recruit training. A shift shall be
understood to be six (6) or more hours.
B. Field Training Officer (Voluntary Reserve Officers) - Each eligible member performing
the duties of a Field Training Officer for Voluntary Reserve Officers shall receive one -half hour
(1/2) compensation at (straight time) for either payment or compensatory time off for each shift of
recruit training. A shift shall be understood to be six (6) or more hours.
C. Motorcycle Officer - An officer assigned as a motor officer shall work an average of two
and two -third (2 and 2/3) hours per month in caring for the motorcycle and related equipment
required in said assignment. This time shall be paid in accordance with provisions governing the
computation and payment of overtime.
Section 3 Coirrt Time
A. An employee called for a subpoenaed court appearance which arises out of the course
of his employment and not contiguous with his work shift shall be compensated for a minimum of
two- and - two - thirds (2 -2/3) hours at the rate of one and one -half (1 -1/2) times the employee's
regular hourly rate of pay. Should the appearance exceed two and two- thirds hours, the employee
shall receive pay for the actual appearance time, excluded court designated lunch period, at the rate
of one and one -half times the employee's regular hourly rate of pay. Court appearance time shall
begin when the employee departs from the Police station to go directly to Court.
B. Any appearance that is contiguous with a regular work shift is not subject to the two and
two - thirds minimum.
C. All employees agree to comply with the "on -call" policies administered by the
department. Should an officer be placed "on- call" during off duty hours for court appearance(s) he
6
shall be granted two hours pay at the employee's straight time hourly rate for any on call time prior
to 12:00 noon and two hours for all on call time after the hour of 12:00 noon.
Section 4 Call - hack
Employees who are called back to duty after having completed a normal shift or work day
assignment and departing from the work premises shall be paid one - and - one -half (1 -1/2) times the
employee's regular straight time hourly rate for each hour worked on call -back. Call -back time
shall commence from the time the employee is called back to service.
Section 5 Training Programs
A. The City shall pay reasonable expenses incurred by employees attending approved
training programs. Expenses include registration fees and the costs of purchasing required course
materials, travel to and from the training course, meals and lodging shall be reimbursed per the
City's adopted Per Diem policy.
B. Employees attending City approved P.O.S.T. training programs requiring an overnight
stay(s) will receive a per diem allowance or provided as provided by P.O.S.T.
C. When an employee is sent by the City to a training program which is not a part of his
regular work schedule, the employee shall receive eight (8) hours pay for each full day of training
and such eight (8) hours pay shall be credited towards the computation of overtime.
Section 6, FA Tncentive Pay
A. Employees covered by this section who have completed 45 semester units of credit from
an accredited college or university with at least 16 units in the field of Police Science shall receive
the following compensation in addition to their base monthly rate of pay:
Police Officer/Police Corporal $ 82.00 /month
B. Employees covered by this section who have completed 60 semester units of credit from
an accredited college or university with at least 19 units in the field of Police Science or have
attained a P.O.S.T. Intermediate Certificate shall receive the following compensation in addition to
their base monthly rate of pay:
Police Officer/Police Corporal $134.00 /month
C. Employees covered by this section who have completed a Bachelor's Degree from an
accredited college or university with at least 22 units in the field of Police Science or have attained
a P.O.S.T. Advance Certificate shall receive the following compensation in addition to their base
monthly rate of pay:
7
Police Officer/Police Corporal $186.00 /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; i.e., employees with an Associate
or Bachelor's degree will receive compensation for the Bachelor's degree only.
E. Employees receiving Education Incentive Pay shall not lose that pay if they are
promoted to a classification which requires the education for which the employee is receiving the
additional pay. If the minimum educational requirements are lawfully changed during the term of
the Memorandum of Understanding, employees receiving an educational incentive pay will not be
effected by such change and will not suffer any loss of such incentive pay.
F. All payments under this Section are subject to verification approval by the City Manager.
G. Employees serving an original probationary period shall be ineligible to receive
educational incentive pay.
,Section 7, Stand Pay
A. Detective Supervisor(s) may be assigned by the Chief of Police to "stand -by" status.
B. Detective Supervisors required to carry a pager shall receive eight (8) hours of
compensatory time off per month. During any such month where the individual carries a pager for
less than the entire month, the number of compensatory time off hours shall be reduced in an
amount reflecting the pro -rated monthly time during which a pager was carried. Such
compensatory time off hours shall be maintained in an account separate from and in addition to
compensatory time off hours described in Article XI, Section 3. Any compensatory time off hours
earned in accord with this Section, and not utilized by July 31 of any year shall be forfeited
effective July 31 of any year and not converted to cash.
C. Each affected employee who is assigned to the Detective Bureau and who is on
"standby" weekend duty shall be provided four (4) hours of compensatory time off or pay for each
standby weekend.
Section R F,xperience Pay
A. Qualified employees of the Association, hired before January 1, 1992, with a minimum
of ten (10) years of full time service as a sworn peace officer with a Municipal, County or State
Police agency meeting P.O.S.T. standards, or their equivalent, shall be eligible to receive
•
experience pay.
B. To qualify for experience pay, an employee must meet the minimum years of service
required and receive an overall satisfactory performance appraisal signed by the Chief of Police, his
designate or an individual acting in his capacity.
C. Experience Pay shall be an increased in the qualified employee's base salary as follows:
1. After ten (10) years of service, experience pay shall be paid at a rate of five percent
(5 %) of the qualified employee's base salary.
2. After twenty (20) years of service, experience pay shall be paid at a rate of ten
percent (10 %) of the qualified employees' base salary, not including the prior increase.
Section 9, Movie Detail
Effective with the ratification of this agreement, unit employees shall be paid ($40) Forty dollars
per hour for outside movie details. It is understood that time spent on movie details is brokered
outside work and is not considered time worked for the purpose of calculating City overtime
compensation.
ARTTCT.F. VIT - FRTNGP BF.NF.FTT ADMINISTRATION
Section 1. Administration
The City reserves the right to select the insurance carrier or administer any fringe benefit programs
that now exist or may exist in the future during the term of this Memorandum of Understanding
unless otherwise specified within this Memorandum of Understanding.
Section 2 Selection and Funding
In the administration of the fringe benefit programs, the City shall have the right to select any
insurance carrier or other method of providing coverage to fund the benefits included under the
terms of the Memorandum of Understanding, provided that the benefits of the employees and
affected retirees shall be no less than those in existence as of implementation of this Memorandum
of Understanding.
Section 1. T,imits
A. City shall not pay premiums or accrue any fringe benefits afforded with this
Memorandum of Understanding for any employee on unpaid leave status, for more than fourteen
(14) consecutive days, unless specifically provided for within this Memorandum of Understanding,
authorized by the City Manager or otherwise provided for by federal or state "Family Leave Acts"
and/or "Workers Compensation" requirements.
B. City shall not pay premiums or accrue any fringe benefits afforded with this
Memorandum of Understanding for any employee who has been absent without authorization
9
during said month, suspended without pay, or who has terminated from City employment unless
specifically provided for within this Memorandum of Understanding.
C. City shall not pay premiums or accrue any fringe benefits afforded with this
Memorandum of Understanding for any employee when such premiums or fringe benefits are
provided to the employee through Workers Compensation and/or the Disability Insurance Plan.
Section 4. Changes
If, during the term of this Memorandum of Understanding, any changes of insurance carrier or
method of funding for any benefit provided hereunder is contemplated, the City shall notify the
Association prior to any change of insurance carrier or method of funding the coverage.
ARTTCT,F. VITT - T- WAT.TH AND DENTAL, T,TFF. ANT) DTSARTT.TTY TNSTTRANCF,
Section 1. Health and Dental Tnsnrance Plan
Al. For the employees covered by the terms of this Memorandum of Understanding, upon
having completed thirty (30) days of uninterrupted service, the City shall pay up to the following
amounts for health and dental insurance):
For single employees $329225/month
For employee + 1 dependent $5313 66/month
For employee + 2 or more dependents $68246S /month
NOTE: Unused amounts may be applied to Dental Insurance.
A2 . F,ffective Tanuary 1, 7005, the contributions identified in Article VTTT, Section 1 A
above shall he increased to the following amounts-
,
For single employees $479 per month
For Two-Party coverage: _ _ _ _ _ $617 per month
For Family coverage $7R9 per month
• _ • •- _ • •- " • 9v - _ RI 7 •1 • 1 • I 1 r1 11 ...2 111 • '1
• • - - • • t • • • • ' •1 • - • 1 - • - . • - 1 - • • • 1 • • •1 • II • • • • •1 • • 1 , 1 •
tuwaitla dcutal iii,ui bclu
FLU bii1glc GILIpluy1..w $12 pct mouth
Ful Tw Pal ty $24 pci iuuiitli
FLU I'auul Iruv ciagc $36 pci iuuuth.
Bt. For employees covered by the terms of this Memorandum of T Tnderstanding, upon
having completed thirty (30) days of unintempted service, the City shall pay an additional
10
contribution towards dental insurance, as listed below:
For single employees _ _ S15 per month
For Two -Party cover ET _ S2R per month
For Family coverage _ _ S44 per month Effck.,tive
tllc f u ll uw i ll g aiiioulita
fui TWO t+uv ela g c $403 put month
.� • • . • • •
. - •.- •. • , :: ,. _ ... •.. •1 . t .• •. •. - . •, -. • - ' ••,
SUL liull 113 abode iliLlcabcd to the followin auiuulibb.
Fur Jillglc ciupluyeeb $13 pct iiloiith
Flt Two-Pat ly Go v ei agc $26 filet inuiith
Fut Family l,uvclagc $40 yet iuulitlt ,
C1. Effcetivc Jauuaty 1, 2003, flit . utitliLutiuti, identified ill AitiJc Vlll, Sct,tiult 131
above be itlt.ica,Cd lu the followin ainuutlt,.
Fut bulglc enipluyccb $272 pci month
Fut Two -Patty •vvelage $443 pet iuuiith
Fut Family t,.uvcta $5G7pci month -
C2. Effective alivaty 1, 2003, the additional evllttibutiull identified in Aitit,lt. VIII,
Scetivit B2 aLvvc be illt.iccwcd to the fulluwiitg auluuulb:
rut Twu -ratty t,UVCt $28 yet niulitll
Fvl rcuilil 1.uv cl a g c $44 pci mouth
CD. Subject to Public Employees' Retirement System (PERS) administration requirements,
the City shall make available to eligible employees participation in the group medical plans offered
by PERS.
•
T) Employees who elect to waive enrollment in medical and dental coverage may receive
,5250 per month ( showing proof of health insurance coverage under an alternative plan )
Election forms are available in the Personnel Office
Section 2 Health Insurance Plan for Retiree's
A. The City shall, subject to PERS administration requirements, make available to eligible
11
•
retiree's participation in the PERS medical plans and shall contribute $1.00 per each retired Seal
Beach POA employee, should the employee elect to participate in PERS medical benefits with the
cost of the City's contribution to be increased each future year by 5% of City's contribution for
current POA employees as reflected in Article VIII, Section 1A (reference to allowable
contributions).
B. The City shall provide to any retired employee (either service or disability) who is
employed on August 1, 1983, and who has both fifteen (15) or more years of consecutive City
service and has attained the age of fifty (50) the following group medical insurance benefits:
1. The City shall pay for such retired employee and spouse, the percentage of the
group medical insurance premium (employee and one dependent) which is paid by the City on
behalf of its active employees on the date that such retired employee's retirement is effective. Such
percentage share of the premium cost shall remain unchanged throughout the lifetime of the retired
employee, even though the percentage share of the group medical insurance premiums paid by the
City to active employees, may change from time to time. For example, if the group medical
insurance premiums for an employee and spouse was $300 per month and if the City and the
Association were to agree in the future that the City would pay $285 of this monthly premium, then
an employee retiring at such time would be entitled to a City payment equal to 95% of whatever the
group medical insurance premium cost is for an employee and spouse, as it may from time to time
exist through that retired employee's lifetime.
2. The substantive nature and description of the group medical insurance policy and
the benefits thereunder for the retired employee shall be identical to the policy and benefits to which
an active employee is entitled. Therefore, it is understood that the benefits to which a retired
employee is entitled pursuant to this Memorandum of Understanding Section, can, and will almost
certainly, vary from year to year depending upon the nature and substance of medical insurance and
plans agreed to from year to year by the City and the Association. Therefore, the nature and
substance of policy benefits can increase, remain constant or decrease in accord with the provision.
3. In order to maintain eligibility for the group medical insurance benefits described
herein, eligible retired employees shall pa rt icipate to the fullest extent possible, in those benefits
provided under Title 18 of the Social Security Act (commonly known as Medi - Care). However, no
such participation shall cause the retired employee to receive lesser group medical insurance
benefits than he or she would otherwise be entitled to as an active employee, nor shall such
participation cause the retired employee's spouse to receive lesser benefits than such spouse would
be eligible for if the retired employee were an active employee.
4. Any retiree receiving benefits as described herein may elect to continue medical
coverage for dependents at his or her own expense.
5. Within thirty (30) days after meeting the eligibility requirements stated above for
the receipt of premium payments by the City, the retired employee shall notify the City in writing
whether he or she desires to participate in the group medical insurance program provided herein for
12
retirees. If the retired employees fail to timely give such notice, any and all rights and benefits
provided this Section shall be deemed waived by such employee. In the event that the retired
employee gives such notice within thirty (30) days, such retired employee shall have a vested right
to receive the group medical insurance benefits provided by this Section , and therefore, no future
actions of the Association and/or the City shall diminish such payments received by the retired
employee. ,
6. If any individual retires before reaching age fifty (50), the individual shall have
the option at his or her own expense, of enrolling himself or herself and any dependents in said
group medical policy as it from time to time exists. Additionally, any retired employee, employed
on August 1, 1983 and who has fifteen (15) or more years on consecutive City service, but has not
obtained the age of fifty (50), has the option of participating in the City group hospital and medical
insurance plans, all at the employee's expense: upon attaining age fifty (50) such employee will be
eligible for the benefits of subsections 1 and 5 of this section.
Section 3, T,ife Insurance Plan
The City shall pay one hundred percent (100 %) of the premium for a term life insurance policy with
a face value of $37,000, double indemnity accidental death benefit and a dependent death benefit in
the amount of one thousand dollars ($1,000) per dependent.
Section 4, Disability Tnsurance Plan
The City shall pay one hundred percent (100 %) of the premium for the "employee's" long -term
disability insurance plan with an income continuation of not less than sixty -six and two- thirds
percent (66 2/3 %) of the employee's monthly salary subject to caps and eligibility requirements as
set forth within the policy of the accepted carrier. Modifications to the plan shall be made only
after the City has met and consulted with the Association and such modification made a part of the
Memorandum of Understanding.
Section 5, Premium Only Plan (pre -taxed deduction)
The City will provide a Premium Only Plan (POP) for health and dental benefits. This plan will
allow for payroll deduction medical and dental insurance coverage to be made before taxes (non-
taxable) through salary reduction.
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.
13
Physical Exam Schedule:
1. New Employee Second year following appointment
2. Employee under 40 Alternate years
3. Employee 40 & over Every year
ARTTCT.F. TX - RFTTRF.MF,NT
Section 1, The City shall make contributions for the public safety personnel covered by this
Memorandum of Understanding to the PERS plan known as threetwo percent (32 %) at fifty (50)
with those benefit options as provided for in the contract between the City and PERS.
Modification(s) to the contract shall be made only after the City has met and consulted with the
Association and such modification(s) made a part of the contract between the City and PERS
consistent with the requirements of PERS.
1 he City 1 sllall lllakc Lu11t1ibutions fui Ulu FuLlic Jafcty p i u ulcl �,cvcicd by this
Mcuiuiwiduin of Uudutstcuidilig to PERS plairknown as e1LG ^ • • i - • •
t • husu bcllcllt options as pluvidcd 1V1 IIl the (.DIItraLt • • • 1 . - - ••
have all cffcLlivc 30, 2003.
Section 2 The City shall pay all the employee's contribution to their retirement plan and place it
in the employees' individual PERS retirement accounts.
L
ARTICT.F. X - HOT TRS OF WORK
Section 1, Work Period
A. The work period for law enforcement personnel (as defined by the Fair Labor Standards
Act) shall be 336 continuous hours (14 consecutive days). All full -time law enforcement personnel
shall be regularly assigned one of the following work schedules:
1. "three- twelve" - three (3) consecutive three (3) day work weeks consisting of
three (3) twelve (12) hour and twenty (20) minute work days followed by a four (4) day work week
consisting of three (3) twelve (12) hour and twenty (20) minute work days and-one (1) twelve (12)
hour work day.
2. "four -ten" - a work week consisting of ten (10) hours /day, four (4) days/week.
3. "five- eight" - a work week consisting of eight (8) hours /day, five (5) days/week.
Section 2 Three - Twelve Work Schedule
A. The standard work week shall be thirty-seven (37) hours or forty-nine (49) hours
14
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.
ARTTCT,F. XT - OVFRTTMF. COMPFNSATTON
Section 1. Overtime Defined -
A. Three- Twelve Work Week
Time worked in excess of eighty -six hours in a FLSA work period as defined in Article X,
Section 1.A.1. and time worked on scheduled days off.
B. Four -Ten Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article X, Section
1.A.2.
C. Five -Eight Work Week
Time worked in excess of forty (40) hours in a workweek as defined in Article X, Section
1.A.3.
Section 9 Compensation for Overtime
A. Authorized non -FLSA overtime shall be compensated in pay or compensatory time at
the rate of one - and - one -half (1 -1/2) times the straight time hourly equivalent of the base monthly
pay rate.
B. In computing overtime for a regular work week or work period, time absent from duty as
a result of use of sick leave, vacation, holiday or compensatory time off shall not be considered as
time deemed to have been worked.
C. If members regular work schedule in any 14 -day FLSA cycle is less than 86 hours, they
will be paid overtime for those hours worked above their regular work schedule.
Section 3, Compensatory Time,
A. Employees may elect to receive compensatory time in lieu of pay for overtime subject to
B. and C. below.
15
B. Should an employee desire to take compensatory time off, he shall file a written request
with the Chief of Police who shall grant time off unless it interferes with the normal operation
staffing of the police department.
C. Employees shall be permitted to accumulate a maximum of seventy -five (75) hours of
compensatory time. An employee who accumulates an excess of seventy -five (75) hours of
compensatory time will be reimbursed within the pay period earned for that amount in excess of
seventy -five (75) hours.
D. An employee may, upon written request submitted to and approved by the City Manager,
receive reimbursement for the requested number of hours of accrued compensatory time below the
cap of seventy -five (75) hours. Reimbursement shall occur with the next regular payroll following
the pay period in which the employee's written request has been approved by the City Manager.
Section 4. Overtime Reporting
In order for an employee to earn compensation for overtime, he must receive the supervisor's or the
Chief of Police's approval. Overtime worked to meet an emergency situation does not require
advance approval, but shall be certified by the Chief of Police before being credited to the
employee's record.
ARTTCT,F. XTT - HOT ;MAYS
Section 1, Recognized Holidays
For pay purposes, the following holidays are recognized:
New Year's Day (January 1)
Independence Day (July 4)
Thanksgiving Day (Fourth Thursday in November)
Christmas Day (December 25)
*Floating Holiday - A federally- recognized holiday as selected by employee
Section 7 Holiday Compensation
A. Employees covered by this Memorandum of Understanding shall be entitled to one
hundred twenty (120) compensated holiday hours per calendar year.
B. Compensation for holidays will be paid on a monthly basis at a monthly rate of 1 /12th.
C. Employees who work on a designated holiday shall earn, at the straight time rate, a
corresponding number of hours to the hours worked on said holiday. The employee may choose to
16
be compensated as time off or pay.
• Floating holidays may be individually selected by the employee subject to the approval of
the Chief of Police. Employees shall choose their floating holiday as follows: ,
Patrol - Any Federally recognized holiday or the day after Thanksgiving or the employee's
birthday, excluding memorial Day or Labor Day .Administrative /Investigations - Any
Federally recognized holiday, day after Thanksgiving or the employee's birthday.
ARTTCT,F. XTTT - VACATION
Section 1 Eligibility
All permanent full -time employees having completed one (1) year of continuous service with the
department and annually thereafter, shall be eligible for a paid vacation at their current rate of pay.
Section 2 Accrual
A. Vacation leave is accumulated yearly and is computed on the basis of the employee's
hire date as a regular full -time or probationary employee.
B. Years of service, for purpose of vacation accrual, shall be from the date of initial
employment as a full -time probationary or permanent employee to the anniversary date concluding
the full year of the designated year.
C. Effective February 4, 1998, all eligible unit employees hired after February 1, 1998, will
accrue vacation leave by the following schedule:
Years Hours Max. Hourly Accrual Annual
Of SeM a Earned Rate/Pay Period Bi Vacation Hrnrrs
0 -5 Years . 80 3.0769 80 hours
6 -14 120 4.6153 120 hours
15+ 160 6.1538 160 hours
D. An eligible employee hired prior to February 1, 1998, shall accrue vacation leave by the
following schedule:
YEARS HOURLY ACCRUAL RATE ANNUAL
SERVICE, PER PAY PERIOD ACCRTTAT, RATF,
0 -5 4.615 120 hours
6 4.923 128 hours
7 5.231 136 hours
17
8 5.486 144 hours
9 5.539 152 hours
10 or more 6.154 160 hours
Section '3 Maximum Accnial
A. An employee may accumulate unused vacation to a maximum of the amount accrued in
the thirty (30) months immediately preceding the employee's anniversary date of employment. If
the needs of the service require that a 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.
Section 4, Ilse of Vacation
A. The time at which an employee's vacation is to occur shall be determined by the Chief of
Police with due regard for the wishes of the employee and particular regard for the needs of the
service.
B. Employees who have completed five (5) years or more of continuous service may elect
to be paid for up to a maximum of forty (40) hours of accrued vacation on an annual basis provided
that forty (40) or more hours have been taken as vacation time off during the course of the prior
twelve (12) months. Request for payment shall be made thirty (30) days prior to the employee's
anniversary date of employment or in conjunction with a vacation request of forty (40) or more
hours.
Section 5. Vacation Payment at Termination
A. Employees terminating employment shall be paid in a lump sum for all accrued vacation
leave no later than the next regular payday following termination.
B. When termination is caused by death of the employee, the employee's beneficiary shall
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 Amnia] During Leave of Absence
No vacation leave shall be earned during any leave of absence without pay for each fourteen (14)
day period (pay period) of such leave.
1R
Section 7, Pmhihition Aginst Working for City During Vacation
Employees shall not work for the City during their vacation and, thereby, receive double
compensation from the City.
ARTTCT.F XTV - T,FAVFS OF ABSF.NCF,
Section 1. Authorized Lea of Absence Without Pay
A. Upon the Police Chiefs recommendation and approval of the City Manager, an
employee may be granted a leave of absence without pay in cases of an emergency or where such
absence would not be contrary to the best interest of the City, for a period not to exceed ninety (90)
working days.
B. Upon written request of the employee, the City Council may grant a leave of absence,
with or without pay, for a period not to exceed one (1) year.
C. At the expiration of the approved leave, after notice to return to duty, the employee
shall be reinstated to the position held at the time leave was granted. Failure on the part of the
employee to report promptly at such leave's expiration and receipt of notice to return to duty, shall
be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be eligible to
accumulate or receive fringe benefits except as specifically provided for in this Memorandum of
Understanding, except that the City shall contribute to an employee's medical and dental health
plan, disability insurance plan, life insurance plan for the first thirty (30) days of the leave of
absence.
Section 7 Bereavement T,eave
Employees may be granted up to forty (40) hours of bereavement leave of absence by reason of a
death in their immediate family which shall be restricted and limited to father, mother, step - mother,
step - father, brother, sister, spouse, child, step - child, grandmother, grandfather, mother -in -law,
father -in -law, or all degree of relatives not listed but living within the household of the employee.
Section 3, Military Leave of Ahsence
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
• 19
employees on military leave the current health benefits (medical, dental, disability and life
insurance and retirement (if applicable) for the first three (3) months of military leave. During said
period, the employee shall be required to pay to the City the same co- payments as required of other
employees. After the first three (3) months of military leave, the employee may continue said
benefits at his cost.
Section 4 Pregnancy Disability T.Pave of Absence
A. An employee who is disabled due to pregnancy shall be granted a pregnancy disability
leave for a minimum period of three (3) months provided that a lesser period may be granted upon
request of the employee.
B. Disabilities arising out of pregnancy shall be treated the same as other temporary
disabilities in terms of eligibility for, or entitlement to, sick leave with or without pay, extended sick
leave, or accumulated sick leave.
C. Employees are encouraged to report the existence of pregnancy. Where the nature of the
duties performed are hazardous or burdensome, the employee may be required to submit medical
evidence as to fitness for the performance of duties of the position.
D. Employees shall be placed on medical leave when the employee's physician states that
medical disability would interfere with the performance of the duties of the position or continuing
work would be hazardous. Should disagreement arise between the Chief of Police and the
employee's physician as to the hazardous nature of the job or the ability of the employee to perform
the job, a physician representing the City, to the extent protected by law, will resolve the conflict.
E. Following childbirth and upon release from medical treatment for the disability resulting
from the pregnancy, the employee must submit a medical statement of fitness to perform the duties
of the position to the Personnel Department. At that time, a determination will be made for a return
to work date with reinstatement to be accomplished as expeditiously as is reasonably practicable.
Section 5_ T Tnauthorized T.eave of Absence
Unauthorized leave of absence are days, or portions of days, wherein an employee is absent from
work without City approval. Unless subsequently approved, such absence will result in a deduction
from the employee's pay of an amount equivalent to the time absent. Employees taking
unauthorized leave of absence may be subject to disciplinary action, up to and including
termination of employment.
AR =IF XV - TT TRY DT TTY - -
20
Section 1, Compensation for Jury Duty
A. Employees required to report for jury duty shall be granted leave of absence for such
purpose, upon presentation of jury notice to the Chief of Police. Said employees shall receive full
payment for the time served on jury duty, provided the employee remits any fees received for such
jury service, excluding payment for mileage, to the City's Finance Department. Compensation for
mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be
returned to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work day, the
employee shall contact his supervisor as to the feasibility of returning to work that day.
ARTTCT.F XVI - SICK 'RAVE
Section 1. General Sink Leave. Provisions
A. Sick leave shall be used only in cases of actual personal sickness or disability, medical
or dental treatment, family leave or as authorized by the City Manager under special circumstances.
The employee requesting sick leave shall notify his immediate supervisor or Chief of Police prior
to the time set for reporting to work. Sick leave with pay shall not be allowed unless the employee
has met and complied with the provisions of this Memorandum of Understanding.
B. Sick leave shall not be granted for disability arising from any sickness or injury
purposely self - inflicted or caused by an employee's own willful misconduct.
C. The Department Head may require employees to present proof of physical fitness for
duty for sick leaves in excess of three (3) consecutive working days for those on a 12 -hour shift
and in excess of four (4) consecutive working days for those on other shifts.
Section 2. Rligihility
All employees covered by this Memorandum of Understanding shall be eligible to accrue sick
leave.
Section 1 Amnia].
A. Sick leave shall be accrued at the rate of ten (10) hours per calendar month for each
calendar month that the employee has worked regularly scheduled hours and/or has been on
authorized leave which provides for full pay, for at least fifteen (15) working days in that month.
B. Sick leave accrued pursuant to A. above for unit employees hired prior to July 1, 1985,
will be placed into a newly established sick leave bank at the rate of 10 hours per calendar month
for each calendar month that the employee has worked regularly scheduled hours. This new sick
21
leave bank, established February 4, 1998, cannot be cashed out for disability retirement.
Accumulated sick leave shall not be used to postpone the effective date of retirement as determined
by the City
Section 4, Accumulation and Payment
A. There is no limit on the amount of sick leave that an employee may accumulate.
B. An employee may be paid for unused sick leave pursuant to the following:
1. Employees who have not completed fifteen (15) years of services with the City
will not be eligible to be paid for any accumulated sick leave, nor shall any accumulated sick leave
be used to postpone the effective date of retirement as determined by the City.
2. Employees who have completed fifteen (15) years of service with the City shall
be paid for accumulated sick leave in the lesser amount of (i) twenty -five percent (25 %) of his
accumulated sick leave at the employee's final hourly rate of pay or (ii) two thousand five hundred
dollars ($2,500). Accumulated sick leave shall not be used to postpone the effective date of
retirement as determined by the City.
3. Employees employed prior to July 1, 1985, who are retired because of work
related disabilities will be paid all of their accumulated sick leave at their final rate of pay.
Accumulated sick leave shall not be used to postpone the effective date of retirement as determined
by the City. Any sick leave accrued after February 4, 1998 will be placed in the sick leave bank set
forth in Section 3.B above, and is not eligible for this payout provision.
Section 5. Sick Leave During Vacation
An employee who becomes ill while on vacation may have such period of illness charged to his
accumulated sick leave provided that:
A. Immediately upon return to duty, the employee submits to his supervisor a written
request for sick leave and a written statement signed by his physician describing the nature and
dates of illness.
B. The Chief of Police recommends and the City Manager approves the granting of such
sick leave.
•
Section 6 Extended Sick T,eave
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:
22
A. The employee has used all of his accumulated sick leave.
B. The employee presents to his department head for referral to and consideration by the
City Manager, a written explanation of the employee's illness and an estimate of the time needed for
recovery signed by the employee's physician.
C. Prior to resuming his duties, the employee may be required to take a medical
examination at City expense and provide a medical release to return to work from the employee's
physician as prescribed by the City Manager. The employment record and the results of such
examination shall be considered by the City Manager in determining the employee's fitness to
return to work. •
D. The maximum period of such leave shall be ninety (90) days. If the employee desires an
extension, he shall follow, prior to-the termination of the initial leave, the procedure described in
sub - paragraph 2 above.
Section 7 Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may take sick
leave and/or unpaid leave to care for his newborn infant, whether through parentage or adoption, or
a seriously ill or injured member of the employees "immediate family" as defined in Article XII
Section 2. Bereavement Leave.
A. Proof of the birth or adoption of a newborn infant or the serious illness /injury of the
family member must be submitted to the City.
B. Requests for family leave must be submitted in writing to the employee's supervisor at
the earliest possible date preceding the time when the leave is to begin.
C. Operational needs of the City shall be relevant in determinations regarding the granting
of family leave in accordance with the provisions of State and Federal Family Leave laws.
D. In the event of an extended fainily 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 R On- The -Jnh -Injury
23
•
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- Joh -Tnjnry
An employee injured outside of his service with the City shall be compensated through the
disability insurance plan provided by the City.
ARTTCT.F. XVTT - PROBATIONARY PERIODS _
Section 1 . Appointment Following Probation Period
A. The original appointment and promotional appointment of employees shall be tentative
and subject to a probationary period of twelve (12) months of service.
B. When unusual circumstances merit the extension of the probationary period, the Chief
of Police shall request, in writing, approval of the City Manager. Said extension shall not exceed
one hundred and eighty (180) days. The Personnel Office shall notify the Chief of Police and the
probationer concerned no- less -than two weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the Chief of Police shall
file with the Personnel Office a statement, in writing, that the retention of the employee is desired.
No actions changing an employee's status from probationary to regular full -time shall be made or
become effective until approved by the City Manager:
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 1. F.mployee Performance Appraisal
A. Each probationary employee shall have his performance evaluated at the end of each
three (3) months of service or at a more frequent interval when deemed necessary by the Chief of
Police. Permanent employees shall have their performance evaluated annually or at more frequent
intervals when deemed necessary by the Chief of Police. Such evaluation shall be reported in
writing and in the form approved by the Personnel Office.
24
B. The written appraisal report of an employee's performance evaluation shall be filed in
triplicate, the original to be filed with the Personnel Office and made a part of the employee's
personnel records, one copy to be retained by the department, and one copy to be given to the
employee.
Section 4, Rejection of Probationary Employee
A. During the probationary period an employee may be suspended, demoted, or rejected
anytime by the Chief of Police, with approval of the City Manager, without cause and without right
of appeal, except the right of appeal of punitive action as may be provided by law. Notification of
rejection, in writing, shall be served on the probationary employee and a copy filed with the
Personnel Office. A termination interview may be conducted with each rejected probationer.
B. An exception will be applied where the probationary employee's job termination or
dismissal is based on charges of misconduct which stigmatizes his reputation or seriously impairs
his opportunity to earn a living, or which might seriously damage his standing and association in
the community. Where there is such a deprivation of a "liberty interest ", the employee shall be
given pre - disciplinary procedural due process as defined in the City of Seal Beach Personnel Rules
and Regulations and this Memorandum of Understanding. Prior to the disciplinary action
becoming final, the employee must be notified of his right to the appeal procedure as outlined in
these Rules and Regulations.
ARTTCT.F. XVTTT - T.AYOFF PROCEDTJRES
Section 1, Policy
The policy for layoff procedures shall be as adopted in City's Personnel Rules and Regulations.
ARTICLE XTX - MTSCF.T.T.ANFOT JS PROVISIONS
Section 1. Tuition Reimbursement
Unit members attending accredited community colleges, colleges, trade schools or universities may
apply for reimbursement of one hundred percent (100 %) of the actual cost of tuition, books, fees or
other student expenses for approved job - related courses. Maximum tuition reimbursement for
employees shall be $800 per calendar year. Reimbursement is contingent upon the successful
completion of the course. Successful completion means a grade of "C" or better for undergraduate
courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement
require prior approval.
Section �, Physical Fitness Program
The physical fitness program is a voluntary program for all sworn officers utilizing vacation hours
25
as compensation for achieving goals within this program. The details of this program are attached
as Exhibit B to this Memorandum of Understanding.
ARTTCT.F. XX - F.NTTRF. MFMOR ANDT TM OF T 1N13F,R STANDING
Section 1, It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall incorporate all prior agreements and memoranda of agreement, or memoranda
of understanding, or contrary salary and/or personnel resolutions or administrative codes, provisions
of the City, oral or written, expressed or implied, between the parties, and shall govern the entire
relationship, and shall be the sole source of any and all rights which may be asserted hereunder.
This Memorandum of Understanding is not intended to conflict with federal or state law.
Section 2 Notwithstanding the provision of Section 1., there exists within the City certain
personnel rules and regulations and police department rules and regulations. To the extent that this
Memorandum of Understanding does not specifically contradict these personnel rules and
regulations or police department rules and regulations or City ordinances, they shall continue
subject to being changed by the City in accordance with the exercise of City rights under this
Memorandum of Understanding and applicable state law.
Section 3 Except as provided herein, other terms and conditions of employment, oral or written,
express or implied, that are presently enjoyed by employees represented by the Association shall
remain in full force and effect during the entire term of this Memorandum of Understanding unless
mutually agreed to the contrary by both parties hereto.
ARTTCT.F. XXT - CQNCFRTED RF.FT TSAT, 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
Memorandum of Understanding. The term "lockout" is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall, or failure to return to work employees of
the City in the exercise of rights as set forth in any of the provisions of this Memorandum of
Understanding or applicable ordinance or law.
C. Any employee who participates in any conduct prohibited in subparagraph A. above
may be subject to termination.
26
D. In addition to any other lawful remedies or disciplinary actions available to the City, if
the Association fails, in good faith, to perform all responsibilities listed in Section 2., Association
Responsibility, below, the City may suspend certain rights and privileges accorded to the
Association under the Employee Relations Resolution or by this Memorandum of Understanding
including, but not limited to, access to the grievance procedure and use of the City's bulletin boards
and facilities.
Section ? Association Responsibility
In the event that the Association, its officers, agents, representatives or members engage in any of
the conduct prohibited in Section 1. above, Prohibited Conduct, the Association or its duly
authorized representatives shall immediately instruct any persons engaging in such conduct that
their conduct is in violation of this Memorandum of Understanding and unlawful, and they should
immediately cease engaging in conduct prohibited in Section 1. above, Prohibited Conduct, and
return to work.
ARTTCT.F. XXTT - F.MRRCTPNCY WAR/FR PROVTSTON
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.
ARTTCT.F. XXTIT - SF.PARARTT.TTY
Section 1. Should any provision of the Memorandum of Understanding be found to be inoperative,
void or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
ARTTCT,F. XXTV - TERM OF MENTOR ANDITM OF TTNT)ERSTANT)TNCI
Section 1. The terms of this Memorandum of Understanding shall commence on July 1, 2000 and
continue in full force and effect through June 30, 20053. - a twothree year contract.
Section ?. The City of Seal Beach and the Police Officers' Association agree to commence
negotiations for the next contract year by April 1, 2005i.
27
•
ARTTCT.F. XXV - RATTFICATTON
Section 1. This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratification of the required number of the duly authorized representatives of the
Association. Following such approval and adoption, the Memorandum of Understanding shall be
implemented by the appropriate resolution(s), ordinance(s), or other written action of the City
Council.
Date:
President, Seal Beach Police Officers' Association
Corporal Joseph Miller, IV
Date:
Corporal Raul Ahumada
Date:
Corporal Stephen Chauncey
Date: •
Dates.
Date:
Officer Eric Tittle
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE:
Date:
Donald F. Mdutyl C Jnhn Rahorski, City Manager
2R
EXHIBIT A
1) Effective July 25, 2003.0 (214%):
POSITION Range A B C D E 10 yr 20 yr
Officer 43 39374520 41344246 43414983 45585717
47865494 50255769 52656041
Corporal 45 R 41154725 43214961 45375209 47645462
50025743 52526030 55026317
2) Effective first payroll period July, 2004 +, a 2%4% base salary increase_ plus CPI ft,' UL1 i
of CPI iii■lcabc iiut to cu�ccd G%). Nutc. CPI 3.7% - &' /o Una Cabe of 6 /20/01
POSITION Range A B C D E 10 yr 20 yr
Officer 46B50R 474610 43864R40 46055082 • 483553/6
50765603 53 55846161
Corporal 4 436548/8 45835059 48 5953557
536652 55716150 58376441
3) Effective first payroll period July, 2002, a 4% market
adjustment plus CPI for Urban Wage Consumers Los
Angeles /Riverside and Orange County as of May 1, 2002
(combined total of CPI increase not to exceed Go). Nut CPI
29
2.8% — 6% ixic.:ZcL ab Vl 6/19/02
PEE-ET-149N-------Range A D C D D 10 yr 20 yr
Officer 40D 4431 4Gf3 400G 0130 530G 5615 502a
Corporal 50C 4G33 40G5 5100 53G3 5631 5913 G194
30