HomeMy WebLinkAboutResolution No. 09-7158 - Approve MOU w/Public Safety Auxiliary (11/09 thru 10/10)RESOLUTION NO. 09-7158
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION (November 1,
2009 – October 31 , 2010).
WHEREAS, the City has met its obligation to meet and confer pursuant to the Myers-
Milias-Brown Act and Employee Relations Ordinance No. 1118; and
WHEREAS, the City and the Association have reached agreement; and
WHEREAS, the City and the Association have memorialized the agreement in a written
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City of Downey and the
Downey Public Safety Auxiliary Association, attached hereto, is hereby approved in
substantially the form thereof together with any additions thereto or changes therein deemed
necessary or advisable by the City Manager.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 27th day of October, 2009.
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ATTEST:
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KATHLEEN L. MIDSTOKKE, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 27th day of October, 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members: Bayer, Brossmer, Gafin, Marquez, Mayor Guerra
Council Member: None
Council Member: None
Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
November 1 , 2009 - October 31, 2010
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
ARTICLE NO TITLE OF ARTICLE PAGE NO.
RECOGNITION
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NON-DISCRIMINATION
BASIC COMPENSATION PLAN 1
Sec
Sec
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1 - Salary Adjustments
2 - Plan of Salary Schedules
3 - Eligibility for Merit Salary Advancement
4 - Salary Schedule Step Reduction
5 - Merit Longevity
6 - Eligibility for Promotion Increases
7 - Eligibility for Differential Pay
8 - Bonus Pay for Training
9 - Uniform Allowance
10- Acting Pay
11- Out-Of-Class Pay
12- Bilingual Pay
13- Court time
14- Standby Compensation
15- Matron Duty Pay
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IV WORK WEEK 6
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OVERTIME (COMPENSATORY TIME)
Sec. 1 - Compensation for Overtime
Sec. 2 - No Pyramiding
Sec. 3 - Discouragement of Overtime
Sec. 4 - Emergency Service Condition
Sec. 5 - When Absent from Duty
Sec. 6 – Overtime
Sec. 7 – Cash in Compensatory Time
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VII
VIII
COMPENSATION FOR SPECIAL CALL IN
HOLIDAYS
VACATIONr
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IX LEAVES OF ABSENCE 10
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1 - Leaves of Absence
2 - Written Notice of Intent to Return
3 - Outside Employment While on Leave
4 - Sick Leave
5 - Emergency Leave
6 - Personal Leave
7 - Workers' Compensation - Injury on Duty
8 - Employee bisabiltty Leave
9 - Military Leave
10- Jury Duty
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FRINGE BENEFIT ADMINISTRATION 15
16XIHEALTH, DENTAL AND LIFE INSURANCE
q Sec. 1 - Medical Insurance
Sec. 2 - Dental Insurance
Sec. 3 - Life Insurance
Sec. 4 – Long Term Disability Ins. (LTD)
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XII RETIREMENT 18
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Sec. 1 - PERS Coverage
Sec. 2 - Employee's PERS Contribution
Sec. 3 - Retiree Medical Annuity
Sec. 4 – PERS Coverage/2.7% at age 55
Sec. 5 – PERS
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XVII
TUITION REIMBURSEMENT
PROBATIONARY PERIOD
SENIORITY
CITY RIGHTS
EMPLOYEE ORGANIZATION RIGHTS AND
RESPONSIBILITIES
Sec. 1 - Dues Deductions
Sec. 2 – Indemnification
Sec. 3 - Release Time for Meet and Confer
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23XVIIINO STRIKE - NO LOCKOUT
(ii)
XIX GRIEVANCE PROCEDURE
Sec. 1 - Grievance – Definition
Sec. 2 - Conduct of the Grievance Procedure
Sec. 3 - Grievance Procedure Steps
MISCELLANEOUS
SOLE AND ENTIRE
MEMORANDUM OF UNDERSTANDING
WAIVER OF BARGAINING DURING TERM OF
THIS AGREEMENT
EMERGENCY WAIVER PROVISION
SEPARABILI TY
TERM OF MEMORANDUM OF UNDERSTANDING
RATIFICATION AND EXECUTION
CLASSIFICATIONS REPRESENTED BY D.P.S.A.A.
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EXHIBIT A
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
ARTICLE I
RECOGNITION
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey, the City
of Downey (hereinafter called the "City") has recognized the Downey Public Safety Auxiliary
Association (hereinafter called the Association) as the recognized majority representative of all
full-time employees covered in the classifications listed on Exhibit A. The City has recognized
the Association for the purpose of meeting its obligations under the Myers-Milias-Brown Act,
Government Code Section 3500 et seq, and the Employee Relations Ordinance of the City
when City rules, regulations or laws affecting wages, hours or other terms and conditions of
employment are amended or changed.
ARTICLE II
NON-DISCRIMINATION
Section 1. The parties mutually recognize and agree to protect the rights of all employees
hereby to join and/or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with the Employee Relations Ordinance and
Government Code Sections 3500 and 3511
Section 2. The City and the Association agree that they shall not discriminate against any
employee because of race, color, sex, marital status, age, national origin, political or religious
opinions or affiliations. The City and the Association shall reopen any provision of this
Agreernent 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
Agreement in compliance with state or federal anti-discrimination laws.
Section 3. Whenever the masculine gender is used in this Agreement, it shall be
understood to include the feminine gender.
Section 4. The City and Association agree to comply with applicable State and Federal
laws and regulations regarding the employment of the handicapped.
ARTICLE III
BASIC COMPENSATION PLAN
Section I. Salary Increases/Adjustments.
A. Salary Increase. There shall be no across-the-board base salary increases for
represented classes during the term of this Memorandum of Understanding.
(1)
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Section 2. The Plan of Salary Schedules.
A. Description of Schedules. The pay plan consists of a set of monthly salary
schedules. Each of such schedules is designated by a schedule number. Each schedule
consists of five (5) steps of monthly compensation, each of which is designated by step letter.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a
monthly rate shall be computed by dividing twelve (12) times the monthly rate by fifty-two (52)
times the number of working hours per week.
Section 3. Eligibility for Merit Salary Advancement.
A. Eligibility for Salary Step Increase.
1. Salary step increases shall be considered on a merit basis only, and then only at
the following times, and in accordance with subsection B below.
2. All full time appointments shall be made at the first step of the salary schedule
assigned that class, unless prior written approval of the City Manager is obtained for
appointments at a higher step in the assigned schedule.
3. No salary advancements shall be made so as to exceed the maximum rate
established in the salary schedule for the class to which the employee's position is allocated.
B. Qualification for Salary Step Advancement.
1. Advancement shall not be automatic but shall be based upon merit, dependent
upon increased service value of an employee to the City as exemplified by recommendations of
his supervisor, length of service, performance record, special training undertaken, and other
objective evidence.
2. Only employees rated as meeting the standard of work performance expected of
City employees shall be qualified to advance to the salary steps B, C, D and E.
3. If an employee does not receive a merit increase as a result of performance
evaluation the employee may appeal through the grievance procedure.
C. Merit Evaluation
1. Every employee shall receive an objective, written job performance rating, no
sooner than three (3) weeks before, no later than five (5) working days before the date of
eligibility for each salary step, merit longevity or hourly increase, and annually thereafter, and
upon a change of employment status. Nothing in this section shall prohibit the department head
or authorized supervisor from giving an additional objective rating to an employee between
those periods of time described in this section.
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2. It shall be the duty of the department head to delegate the responsibility of every
employee's rating to that level of supervision having immediate knowledge of the employee’s
work. An employee shall be rated by his immediate supervisor and that rating shall be reviewed
by the department head.
Section 4. Salary Schedule Step Reduction. Whenever an employee's work
performance falls below the level for which a step increase was granted, an employee's
authorized pay may be reduced to the employee's previous step rate under written procedures
established by the City for demotions and reduction in pay.
Section 5. Merit Longevity.
A. Eligibility for Merit Longevity. Upon approval of the appointing power, permanent
employees who hav-e completed ten (10) continuous years of service shall be paid, in addition to
their respective regular prescribed salary, a monthly amount equal to the next salary step above
their monthly base rate (5.5%); and after twenty (20) years, one and one-half (1-1/2) steps
above their monthly base rate (5.5%+2.75%).
B. Qualification for Merit Longevity. Merit longevity is to be provided as continuing
incentive to career employees. Such payment shall continue, with approval of the City
Manager, only during such period as an eligible employee continues to "meet standards" of
pdrformance as evidenced by performance ratings annually submitted by the appointing power
to the City Manager; and shall be terminated by the City Manager when the quality of service as
evidenced by the performance rating of such employee does not merit such additional
compensation.
Section 6. Eligibility for Promotion Increases.
A. Any employee receiving a promotion shall receive a salary increase equivalent to one
(1) step, or shall be placed on the first step of the salary schedule for the class to which he is
promoted, whichever is greater.
B. Any employee receiving a promotion who would otherwise have been eligible to
receive a merit increase within sixty (60) days of the effective date of such promotion shall be
granted the merit increase prior to the application of provision A of this Section.
Section 7. Eligibility for Differential Pay.
A. Police Department Personnel.
1. Employees in the Police Department may receive one (1) of the following salary
additives as shift differential pay if they meet the indicated qualifications:
(i) an employee whose regular work shift contains six or more hours between
5:00 p.m. and 5:00 a.m. shall receive a 5.5% shift differential (ii) an employee whose regular
work shift contains four or more hours between 5:00 p.m. and 5:00 a.m. shall receive a 2.7%
shift differential and (iii) an employee whose work shift begins before 6:00 a.m. or ends after
6:00 p.m. shall receive a 1.1% shift differential.
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2. Employees who work the above scheduled times on either an overtime basis or
regular basis, but are not assigned to such shifts as part of their regular schedule are not
eligible to receive shift differential pay.
3. Employees who are assigned a shift schedule that is not identical for each work
day of their work week shall receive a shift differential amount that is equal to the average of the
indicated percentage amounts for each work day. For example, an employee who works four
(4) shifts in a work week is assigned a shift that qualifies for a 5.5% shift differential three (3)
days and a shift that qualifies for a 2.7% differential one (1) day. The average of the percentage
amounts is (3 x 5.5 +2.7)/ 4, or 4.8%.
B. Fire Department.
1. Regional Fire Communications Operators shall receive a differential pay of two
and three-quarters percent (2.75%) while working any shift.
2. Fire Dispatch Supervisor shall receive the two and three-quarters percent (2.75%)
differential pay if scheduled to work hours other than 7:30 a.m. to 5:30 p.m.
Section 8. Bonus Pay for Training. At the Chiefs discretion, an employee may be paid
an amount equal to two and three-quarters percent (2.75%) of the appropriate salary schedule
for those working hours utilized for the purposes of training new employees. This Section shall
be used for those employees specifically assigned to a trainee by the Chief.
Section 9. Uniforms Allowance. The Fire and Police departments shall establish uniform
standards and shall designate classifications that will be required to wear uniforms. Each
person in a classification that is designated to wear a uniform shall be issued three (3) complete
sets of uniforms (shirts, skirts, or trousers) and other uniform gear as required by departmental
guidelines. Thereafter, uniforms shall be replaced on an as needed basis as determined by
each of the departments.
Section 10. Acting Pay. An employee who has been designated by the City to serve in an
acting capacity for sixty (60) consecutive work days or more shall receive Step A of the range
for the classification in which the employee is performing active duties or 5.5%, whichever is
greater. Service in an acting capacity shall not be used as a basis for, or in support of, a
request for reclassification.
Section 11. Out-Of-Class Pay. The City may temporarily assign employees to work out of
classification. The selection of the employee for an out-of-classification assignment shall be at
the discretion of the department head or designee. A temporary out-of-rank pay differential of
5.5% shall be authorized when an employee has actually worked in a position of higher rank for
a combined total of eighty (80) hours during a calendar year. Paid holidays shall be considered
as days actually worked. Other forms of authorized leave such as sick leave, emergency leave,
vacation and all other non-holiday leave shall not be considered as days actually worked.
Section 12. Bilingual Pay. Employees required to speak or translate Spanish, or other
languages designated by the City Manager, as part of their regular duties will be compensated
twenty-three dollars and eight cents ($23.08) per biweekly pay period in addition to their regular
(4)
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salary. The Fire Chief and/or the Police Chief have the authority and discretion to assign and/or
remove this bonus up to budget authority. To be eligible for this assignment, the employee
must pass a conversational examination administered by a court certified interpreter, or an
employee who has been certified by the Personnel Director to administer such examination.
Employee must recertify at least every eighteen (18) months to maintain the eligibility. Effective
October 30, 2000, qualified employees will be compensated at forty-six dollars and fifteen cents
($46.15) per biweekly pay period. Effective November 3, 2008, qualified employees will be
compensated at fifty dollars ($50.00) per biweekly pay period.
Section 13. Court Time.
A. Court time is time required to be spent by all bargaining unit employees in response
to a subpoena, a CQroner's inquest, a hearing or trial on a civil action on behalf of the City, or
criminal case at a time other than that regularly required of such employee for his employment,
for the purpose of testifying as to knowledge acquired in the course of his/her employment with
the City. This definition shall apply to subpoenas issued for taking of depositions.
Employees, who are off duty on sick leave benefits, as described in Article IX,
Section 4, of this Agreement, or Workers' Compensation as described in Article IX, Section 7, or
when testifying at any grievance, City Council or other hearing on behalf of himself/herself,
another employee or the Association, shall not accrue additional time or compensation as court
time
B. Compensation for Court Time. All bargaining unit employees shall be compensated
for court time as follows:
1. Criminal Witness: All bargaining unit employees will be paid at the applicable
hourly rate or, with the approval of the Chief of Police, may, in lieu of pay, accumulate any
portion of his/her court time and take an equivalent leave of absence. The accumulation of
court time to be used as leave of absence shall be limited to the number of hours earned for
which such members have not been otherwise compensated at the meMber's appticable hourly
rate of pay
2. Civil Witness (in the line of duty): All bargaining unit employees shall receive
his/her normal salary (and expenses, if any) from his/her employer for time at court and to and
from court, while testifying in any civil case on behalf of the City
3. Payments: Payments under this Section shall be on the regular payday following
such court appearance. The Chief of Police shall make a report to the Finance Director prior to
each pay date, listing the member's earning benefits under this Section. Such report shall
indicate the court time each member earned in the previous pay period and whether he/she has
elected to receive equivalent time as leave of absence pay when appearing as a witness.
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4. Standby Compensation: Minimum standby time for court assignments shall be
compensated as follows:
a. Two (2) hours pay for the morning standby.
b. Two (2) hours pay for the afternoon standby.
c. If the employee is called into court, he/she shall be paid the above minimum or
actual number of hours in court, whichever is greater.
d. Standby pay shall be paid at the rate of time and one-half (1-1/2) the
employee’s regular rate of pay.
Section 14. Standby Compensation.
A. All Employees. Any unit member who is designated by management to be on
standby on the week-ends and/or holidays shall be compensated for standby time at ten (10)
hours compensatory time for Saturday and Sunday and five (5) hours compensatory time for a
holiday. Any unit member designated by management to be on standby shall be required to
carry a beeper and answer all calls from the department in a timely manner.
B. Police Dispatch Center. The City wishes to establish a viable call back list. All
Public Safety Dispatchers shall have their names on the list. In addition, any unit member who
has completed Public Safety Dispatcher training and has been approved by the Police
Department to participate, may sign up for, and be placed on the call back list. Each weekend
when staff vacancies so dictate, the person who is on the top of the list, shall be designated as
standby for the weekend and will be subject to mandatory call back for work during the
weekend. The weekend shall be defined as Friday 1700 hours to Monday 0500 hours. The
person designated shall receive fifteen (15) hours of compensatory time for the weekend. If the
designated person is called in for up to one (1) shift, the employee will receive the fifteen (15)
hours of compensatory time. In the event the employee is called in to work two (2) shifts during
the defined weekend hours, they will receive seven and one-half (7.5) hours of compensatory
time and will not be subject for call back for the remainder of the weekend. Once the person
has been designated for a weekend, their name is rotated to the bottom of the list. Individuals
may swap locations on the list as long as the request is made in writing to their supervisor and
the swap has been approved prior to the start of the weekend.
Section 15. Matron Duty Pay. Police Records Specialists I & II are required as a part of
their regular duties to search female prisoners. Effective October 25, 2005, those employees
required to search female prisoners shall receive matron duty pay of two per cent (2%). Should
these duties be removed from the classification and/or should an individual employee be
declared unable to perform these duties because of physician ordered permanent work
restrictions, the matron duty pay shall be removed for the classification and/or the individual.
The removal of pay shall not occur when a physician declares the work restrictions temporary.
ARTICLE IV
WORKWEEK
Section 1. The regular workweek for all employees, except for Regional Fire
Communications Operators, covered by this Agreement shall be forty (40) hours per week.
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Section 2. Regional Fire Communications Operators. In accordance with Federal law,
the Fair Labor Standards Act (FLSA) regulations were implemented on April 15, 1986. It was
agreed that:
A. In compliance with the FLSA regulations, Regional Fire Communications Operators
will be paid for all hours actually accrued during the pay period.
B. All hours worked in excess of forty (40) hours in a workweek will be paid at the
overtime rate of time and one-half (1-1/2) the employee’s regular rate of pay.
C. To avoid the prospect of having to reduce the number of hours reported for
retirement purposes, the City will continue to report forty (40) hours per week to PERS
regardless of whether the employee actually accrued forty (40) hours during the week.
However, for the purpose of calculating overtime compensation, sick leave hours used will not
be included as part of the forty (40) hour work week. Other forms of paid leave time (i.e.,
vacation and compensatory time) will be included as part of the forty (40) hour work week for
purposes of calculating overtime compensation. This agreement has been reached for the
purpose of maintaining both the existing shift schedule as well as maintaining the number of
hours reported to the retirement system.
Section 3. For all Police Department employees covered by this Agreement, the normal
work week shall consist of four (4) ten (10) hour days. If, in the opinion of the Chief of Police,
restructuring of the normal work day or work week becomes necessary for the purpose of
promoting efficiency, nothing herein shall be construed as preventing the Chief of Police from
restructuring the normal work day or work week for individual employees.
Changes in the Normal Work Week Schedule: if, in the opinion of the Chief of Police, it
should become necessary to establish schedules departing from the normal work day or work
week, the Chief of Police shall give notice in writing of such change as far in advance as
reasonably practical. If the change is other than on an individual basis, the City shall meet and
confer with the Association regarding the impact of the decision prior to implementing a general
change. If an individual employee does not receive a written notice two (2) weeks before the
change, the employee shall not lose shift differential pay for the first two (2) weeks of the
schedule change.
Section 4. Part-time employees are those hired for less than the standard forty (40) hour
week and paid on an hourly basis.
ARTICLE V
OVERTIME (COMPENSATORY TIME)
Section 1. Compensation for Overtime. All approved overtime, worked by an employee,
shall be paid at the rate of time and one-half (1-1/2) the regular hourly rate of pay for such
employee. Overtime shall be paid on all hours worked in excess of a normal shift, or in excess
of forty (40) hours in an employee’s work week. (For Regional Fire Communications Operators
refer to Article IV, Section 2(C))
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Section 2. No Pyramiding. There shall be no pyramiding of overtime, which means that
employees shall not be compensated more than once for the same hours under any provision of
this Agreement,
Section 3. Discouragement of Overtime. It is the policy of the City that overtime work is
to be discouraged. However, in cases of emergency or whenever public interests or necessity
requires, any department or division head may require any employee in such department or
division to perform overtime work. The projects and types of work for which overtime may be
authorized shall be approved in advance by the City Manager, except in the event of
emergency, overtime is authorized by the department head or his designee.
Section 4. Emergency Service Condition. In accordance with Article XXIII, in the event
of a severe emergency or national or state disaster, the City shall not be required to pay
overtime. Regardlebs of any of the provisions of this Agreement, employees shall not be
entitled to receive overtime during the first seven (7) calendar days of the severe emergency or
disaster
Section 5. When Absent from Duty. in the event an employee is absent from duty,
whether for vacation, compensatory time, sick leave or other disability, for a period exceeding
five (5) work days, overtime during that work cycle will not be paid. If the employee is ordered
to work during their vacation, the employee will be paid overtime for those hours worked.
Section 6. Overtime. Overtime may be compensated in time off or money. Employees
who are assigned to work overtime shall have the right to be paid money, unless the form of
compensation has been discussed in advance. Management may inform employees, prior to
the performance of the work. that only "compensatory time" is available. In this instance,
employees shall have the right to refuse the overtime assignment.
Section 7. Cash in Compensatory Time. Employees covered by this Agreement may
cash in accrued compensatory time earned as overtime unless they have been informed as set
forth in Section 6 above. Employees may not cash in compensatory time earned from a holiday
when the holiday falls on the employee's regular day off.
ARTICLE VI
COMPENSATION FOR SPECIAL CALL-IN
Section 1. Employees covered by this Agreement who are "called in" to perform work on an
unscheduled basis at times other than those normally required for the employee's employment
shall receive and be paid for a minimum of two and six-tenths (2.6) hours at the overtime rate of
time and one half (1-1/2) the employee’s regular rate of pay. Employees shall be entitled to call-
in pay in the event the employee is required to report back to work after completing the
employee's normal work shift, left City premises, and/or the employee's work location. Hours
worked in excess of the two and six-tenths (2.6) hour guarantee shall be counted toward the
computation of overtime pay.
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Section 2. If an employee is called in two and six-tenths (2.6) hours or less before the start
of the regular work shift, such employee shall not be given the two and six-tenths (2.6) hour
guarantee. Any hours worked in excess of the normal shift on that day shall be paid at the rate
of time and one-half (1-1/2) the employee's regular hourly rate of pay.
ARTICLE VII
HOLIDAYS
1. Employees will receive one hundred and forty (140) hours of holiday time in January of
each year. This time is in recognition of the following holidays:
1. New Year's Day
2. Martin Luther King’s Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran’s Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Day before Christmas
11 . Christmas Day
2. Employees may use holiday time as time off from work at any time during the calendar
year, subject to their department’s approval. An employee who does not work on a holiday that
is a regularly scheduled work day must use holiday pay for the time off. In the event that an
employee has no holiday time balance and the department allows the employee time off work
for a holiday, then the employee must use either vacation or compensatory time for the time off.
3. If the holiday falls on an employee’s regular work day, and the employee works on that
day, then the employees may request twelve and one-half (12.5) hours of pay during and
subsequent to the pay period in which a City holiday falls. If the holiday falls on an employee’s
non-work day, then the employee may request twelve and one-half (12.5) hours of pay during
and subsequent to the pay period in which a City holiday falls.
4. Employees who terminate from the City and who have not fully used their holiday hours
will be paid for the unused holidays that have occurred prior to their termination at a rate of
twelve and one-half (12.5) hours per holiday at the rate of pay in effect at the time of
termination, plus two and one-half (2.5) hours.
5. Employees hired during the year will receive holiday hours for the holidays that will occur
between their hire date and December 31 at a rate of twelve and one-half (12.5) hours per
holiday
6. Any holiday hours that remain on an employee’s record at the end of the calendar year
will automatically be paid off on a regular paycheck in January
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ARTICLE VIII
VACATION
Section 1. Employees covered by this Agreement shall accrue vacation leave with pay on
the following scheduled basis:
Year of Service Hours per Year Monthly Accrual
0- 3
4- 5
6- 10
11 - 15
16 - 20
80
96
120
136
160
6.7
8.0
10.0
11.3
13.4
Section 2. Vacation shall be taken at the convenience of the City with the approval of the
department head. Where possible, such vacation should be taken annually and not
accumulated from year to year. All eligible employees, however, shall be allowed to accumulate
two (2) years allowance of vacation. If the employee is prohibited by the supervisor from taking
the employee's vacation because of manpower shortages or operational needs, the employee
shall be paid all vacation in excess of two (2) years at the employee’s rate of pay at the time of
the pay-off.
Section 3. When an employee who has become entitled to receive vacation under this
Article separates from City service, either by retirement, permanent layoff, or termination, the
employee shall be entitled to be paid for unused earned vacation at the rate of pay in effect at
the time of separation.
Section 4. Full-time permanent employees, who are separated from their employment with
the City, after completion of the probationary period, shall be paid all accrued vacation.
Section 5. Fire Department Only. Covered employees will schedule vacations at the
beginning of each year. Scheduling shall be in four (4) shift increments. If, after such
scheduling, less than four (4) shifts remain unscheduled, they may be scheduled in one (1) shift
increments or scheduled with holiday time off. Employees may use vacation time in one (1 )
shift increments at times other than originally scheduled provided that a qualified substitute can
be found to replace the employee for that shift.
ARTICLE IX
LEAVES OF ABSENCE
Section 1. Leaves of Absence. The City Manager may grant a permanent employee a
leave of absence for a specific purpose, without pay, for a period not to exceed up to one (1 )
year. The City Council may grant a permanent employee a leave of absence for a specific
purpose, with pay, not to exceed one (1) year. No such leave shall be granted except upon
written request of the employee. Approval shall be in writing and a copy filed with the Personnel
Office of the City. Upon expiration of a regularly approved leave, the employee shall be
(10)
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reinstated in the position held at the time leave was granted. The employee shall report
promptly upon the expiration of any leave granted. Failure to report within a twenty four (24)
hour period after expiration of leave shall be considered a voluntary resignation. No
employment or fringe benefits such as, but not limited to, sick leave, vacation, health insurance,
retirement or any other benefit shall accrue to any employee during leave of absence without
pay. An employee on approved leave may elect to pay the premiums due in order to maintain
health insurance benefits during the term of such leave.
Section 2. Written Notice of Intent to Return. An employee on leave of absence must
give the City at least seven (7) days written notice of the employee's intent to return to work.
Section 3. Outside Employment While On Leave. An employee who engages in outside
employment during said leave of absence shall be subject to termination. Any employee who
falsifies a reason for the request for said leave of absence or any extension of such leave of
absence may be terminated for falsifying such request.
Section 4. Sick Leave.
A. Sick leave shall be defined as absence from duty because of illness or off the job
injury, or exposure to contagious diseases as evidenced by certification from an accepted
medical authority.
B. Sick leave shall be accrued by covered employees at the rate of eight (8) hours per
month of service. Sick leave shall not be considered as a privilege that an employee may use
at his discretion but shall be allowed only in case of necessity and actual sickness or disability.
Unused sick leave shall accrue without limit on accumulation.
C. In order to receive compensation while absent on sick leave, the employee shall
notify a designated supervisor prior to or within two (2) hours of the time set for beginning duty,
unless notification is physically impractical. For any such absence, the employee shall file a
written statement with the City Manager stating the cause of the absence. When the absence is
for more than one (1 ) work day and if there is reasonable cause to indicate abuse of sick leave,
the department head concerned may require a physician's certificate stating the cause of
absence before said leave shall be approved by the City Manager.
D. The right to benefits under the sick leave plan shall continue only during the period
that the employee is employed by the City. This plan shall not give any employee the right to be
retained in the service of the City, or any right of claim to sickness disability benefits after
separation from the services of the City.
E. Notwithstanding anything contained in this Section, no employee shall be entitled to
receive any payment or other compensation from the City while absent from duty by reason of
injuries or disability received as a result of engaging in employment, other than employment by
the City, for monetary gain or other compensation; or by reason of engaging in business or
activity for monetary gain or other compensation other than business or activity connected with
City employment
(11)
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F. At the written request of the appointing authority, the City Manager may require an
employee to submit to an examination by the City's physician; and if the results of the
examination indicate the employee is unable to perform his duties; or in the performance of his
duties, exposes others to infection, the employee shall be placed on sick leave without privilege
of reinstatement until adequate medical evidence is submitted that the employee is competent
to perform his duties or will not subject others to infection. Any employee so examined shall
have the right to submit the reports of a competent medical authority of his own selection, and at
his own expense, in addition to the report submitted by the City's physician. In the event of a
conflict of opinion and/or recommendation of the two (2) physicians, a third physician shall be
selected by the first two (2) physicians and the final decision shall be made by the City
Manager, who may seek the advice of the Personnel Advisory Board of the City.
G. Upon retirement of an eligible employee, 100% of an employee’s unused
accumulated sick leave shall be deposited into the City Retirement Health Savings Plan to be
used for eligible medical expenses. The maximum number of hours that will be deposited is
1,900 hours.
H. In the event of a permanent or indefinite layoff, an employee with ten (10) years of
continuous service with the City shall be entitled to the above benefit. If such employee resigns
after receiving official notification of his impending layoff, he shall be eligible for the above
benefit. This provision shall be retroactive to January 1, 1982.
I. Accrued sick leave shall be valued for the purposes of Section G above, on the
following basis:
Sick leave taken shall be deducted from the oldest, lowest value accrued sick leave
first, provided, however, when an employee takes sick leave, the employee shall
receive for each day of sick leave one (1) day’s pay at the employee's rate of pay in
effect at the time of taking sick leave. For covered employees with twenty (20) years
of City service; or retirees with a physical disability, or a psychological disability
resulting from a direct consequence of a violent act, sick leave shall be converted at
the prevailing rate.
J. Employees who become entitled to accrued sick leave allowance that has not been
used may convert each two (2) hours of accumulated sick leave to one (1) additional hour of
vacation; after having accumulated six hundred and forty (640) hours of sick leave and providing
that not more than forty (40) hours of additional vacation days may be so converted in any one
(1) fiscal year.
Section 5. Emergency Leave.
A. Any employee who is absent from work by reason of attendance upon members of
the immediate family whose incapacitation requires the care of such employee; or death in the
immediate family of the employee, may be allowed emergency leave with pay, not to exceed six
(6) work days per incident on the basis of one-half (1/2) work day for each month of regular
employment, that is deducted from accumulated sick leave, not to exceed twelve (12) work days
per year. Immediate family shall include and be limited to, mother, father, brother, sister,
(12)
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spouse, child or grandchild or grandparent of any eligible employee, or of the spouse of any
employee of the City.
B. For absences under this Section exceeding a total of three (3) working days in any
six (6) month period, a physician’s certificate verifying the family's incapacitation leave basis
may be required by the City Manager or department head.
C, All such claims for emergency leave are subject to verification by the City Manager.
Section 6. Personal Leave. With approval of the department head, two (2) days per year
of an employee's sick leave may be used on personal matters that are of an unseen
combination of circumstances that call for immediate action or to add additional hours per
Holiday as covered in Article VII Section 7, Such matters shall be considered as those events
or occurrences that a reasonable prudent person would not or could not postpone to a
subsequent time. The nature of the matter shall be explained to the immediate supervisor and
shall be granted with his approval. Such personal leave shall not be cumulative from year to
year
Section 7. Workers' Compensation Injury On Duty.
A. When an employee is absent from work by reason of an injury or illness covered by
Workers’ Compensation, the City will pay the difference between the amount granted pursuant
to the Workers’ Compensation Act and the employee’s regular rate of pay for up to one (1) year
Employees who are covered by this Agreement and are hired after May 13, 1997; and are
absent from work by reason of an injury or illness covered by Workers’ Compensation, the City
will pay the difference between the amount granted pursuant to the Workers’ Compensation Act
and eighty-five percent (85%) of the employee’s regular rate of pay for up to six months (twenty-
six pay periods). Thereafter, the employee will be paid the amount required by the Workers’
Compensation Act.
B. Reclassification of Injured Worker. If, in the opinion of the City, an employee has been
found to be permanently physically incapable of performing the duties of the currently held
position, the City may place the employee into another vacant position of equal level or lower
within the bargaining unit; provided such placement is consistent with the City’s affirmative
action program and is approved by the appointing authority. Nothing herein shall be construed
to prevent such employee from applying for and competing for positions of a higher class or
positions represented by other bargaining units
(13)
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Section 8. Employee Disability Leave.
A. An employee that has at least one (1) year of continuous service with the City and
who has exhausted all accrued leave (vacation, sick leave, compensatory time) due to non-
industrial illness or injury can be advanced sick leave time at the rate of seventy-five percent
(75%) of the employee’s regular salary according to the following table:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5
6 through 10
Over 10
360
544
720
B. Application for disability leave shall be made by the employee to the City Manager
through the department head, accompanied by full medical justification from a physician chosen
by the City at the direction of the City. Failure to submit to such an examination shall be a basis
for terminating disability leave. If the City Manager approves the application, he shall notify the
employee of such approval in writing
C. After the employee returns to work, the employee shall reimburse the City for the
value of the advanced sick leave time by having the employee’s sick leave accrual for sick leave
reduced by four (4) hours per month or may contribute vacation leave to accelerate the
employee's reimbursement to the City for providing the benefits under this Article.
D. When the "maximum time allowance" has been reimbursed as set forth above,
the employee shall be eligible to apply for additional disability leave; provided that no employee
shall receive more than the '’total" set forth above for his length of service, during his entire
employment with the City.
E. Grounds for termination of disability leave by the City Manager shall include, but
not be limited to, the following reasons:
1. The employee has recovered from his illness or injury.
2. The leave is being used as a pre-retirement leave for purpose of postponing
retirement or pension.
3.The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information and
submitting to any examination requested by the City to determine the existence
or continuing nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled
to end employment with the City and has not completed the reimbursement schedule for this
benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
(14)
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ARTICLE XI
HEALTH, DENTAL AND LIFE INSURANCE
Section 1. Medical Insurance. The City shall continue to contribute one-hundred percent
(100%) to a medical benefit package for the employee and his/her dependents for the term of
this Agreement. Effective November 1, 2000, the City agrees to add to the Kaiser Plan the
benefit of eyeglass lenses every twenty-four (24) months with a one hundred and fifty dollar
($150.00) frame allowance.
A. Employee Withdrawal from City Health Plan. The City agrees to permit an employee
to withdraw from the City health plan as follows:
1 The employee is either enrolled in the Kaiser Plan; or
2. The employee had claims paid for the year prior to the open enrollment in an
amount equal to or greater than the employee premium rate; and
3. The employee presents written proof that the employee is covered by another
health plan; and
4. The employee notifies the City during the annual open enrollment period.
The City agrees that the employee who is qualified to withdraw shall receive eighty-one
dollars ($81.00) per month if the withdrawal is for employee only coverage, one-hundred and
sixty-two dollars ($162.00) per month if the withdrawal is for employees plus one (1) coverage,
or two-hundred and twenty-nine dollars ($229.00) per month if the withdrawal is for family
coverage, to be added to the employee's paycheck or to be placed in the City’s deferred
compensation plan.
B. Citywide Medical Committee - A Committee, consisting of one (1) representative
appointed from each Employee Association will be created for the purpose of studying the City
Medical plans with the goal of reducing the cost of the plans and developing improved retiree
medical benefits. No changes to the existing health benefits will be made without written
approval of both parties.
Section 2. Dental Insurance. The City shall contribute to a dental benefit package for the
employee and dependent at a cost of up to thirty-one dollars and ninety-five cents ($31.95) per
employee per month. Any amounts necessary to fund existing benefits in excess of the
amounts that the City is obligated to contribute set forth above shall be borne by the employee.
For Delta Dental Coverage. Effective January 1, 2006 (start of new benefit year), the City
agrees to increase the maximum benefit payable from one-thousand dollars ($1,000) to two-
thousand dollars ($2,000) for each enrollee in each calendar year. Further, it is agreed that the
City contribution will increase to cover this benefit while the employee contribution will remain
thirty-seven dollars and fifty-two cents ($37.52) until the July 1, 2008. For the rate that will be
effective July 1 , 2008 and each year thereafter, the City shall calculate the city and employee
contribution as follows
(16)
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I Section 4. Long Term Disability Insurance. Effective July 1, 1997, each employee
covered by this Agreement shall be provided the existing long-term disability insurance
program.
ARTICLE XII
RETIREMENT
Section 1. PERS Coverage. Employees covered by this Agreement participate in the
Public Employees' Retirement System. Employee options are described in a contract between
the City of Downey and the Public Employees' Retirement System, and are incorporated into
this Memorandum of Understanding.
Section 2. Employee's PERS Contribution. In accordance with existing practice and
Government Code Sections 20636 (c) (4), and 20691, the City will pay the employee’s PERS
member contribution (equal to eight percent (8%)) and report this contribution as compensation
earnable (referred to as reporting the value of Employer Paid Member Contribution (EPMC) as
special compensation).
Section 3. Retiree Medical Annuity. An employee who retires from the City of Downey
after January 1, 1989, shall be entitled to participate in the City-sponsored medical plan and the
City shall contribute up to a maximum of ninety-eight dollars ($98.00) per month toward the
premium for employee only coverage under the City-sponsored medical plans, provided:
[
A. At the time of retirement the employee has a minimum of ten (10) years of service, or
is granted a service-connected disability retirement; and
B. At the time of retirement the employee is employed by the City; and
C. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement System.
The City's obligation to pay up to a maximum of ninety-eight dollars ($98.00) per month
toward the premium in the City plan shall be modified downward or cease during the lifetime of
the retiree upon the happening of any one (1) of the following:
1. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer the payment will be suspended.
Another employer" as used herein meang private employer or public employer or self-employed
or the employer of a spouse. As a condition of being eligible to receive the premium
contribution set forth above, the City shall have the right to require any retiree to annually certify
that the retiree is not receiving any such paid health insurance benefits from another employer.
If it is later discovered that misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive
benefits will cease
(18)
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2. If the retired employee becomes eligible to enroll, automatically or voluntarily, in
Medical or Medicare, the City's plan shall provide secondary coverage only and the City's
contribution rate set forth above shall be adjusted downward accordingly.
3. In the event the Federal government or State government mandates an employer-
funded health plan or program for retirees, or mandates that the City make contributions toward
a health plan (either private or public plan) for retirees, the City's contribution rate set forth
above shall be first applied to that plan. If there is any excess, that excess may be applied
toward the City medical plan as supplemental coverage provided the retired employee pays the
balance owing for such coverage if any
4. Upon the death of the retired employee, this benefit shall cease. It is understood
and agreed that the annual amount contributed by the City to fund the Retiree Medical Annuity
on behalf of the employees, shall be included as an item of compensation in total compensation
suIvey comparISons.
Section 4. PERS Coverage / 2.7 at age 55. Effective August 19, 2002, the City amended
the PERS contract to include the benefit known as the 2.7% @ age 55 retirement formula.
Section 5. SURVIVOR/DEATH BENEFITS. Effective July 13, 2009, the City implemented
the PERS contract amendment to include: (a) the Level 4 1959 PERS Survivor’s Benefit
program (section 21574) and (b) the Pre-Retirement Optional Settlement 2 Death Benefit
(section 21548).
ARTICLE XIII
TUITION REIMBURSEMENT
Section I. With prior approval of the City Manager, employees may be reimbursed for
tuition and books for courses taken to improve their value to the City. Tuition shall be
reimbursed for courses as recommended by the department heads with job related justification
and approved by the City Manager, with quarterly report to the City Council including the names
of individuals, their positions, and the courses taken. Employees must receive a passing grade
in order to be reimbursed for the course. Reimbursement shall be made at the rate of tuition
equivalent to the rate charged at California State University at Los Angeles for courses on the
quarter system, and California State University at Long Beach for courses on the semester
system. Reimbursement shall be for required books only.
ARTICLE XIV
PROBATIONARY PERIOD
Section 1. A new hire or promotional appointment will be tentative and subject to a
probationary period of not less than twelve (12) months for Public Safety Dispatcher, Regional
Fire Communications Operators, Police Assistant and Forensic Specialist; and six (6) months
for represented classifications not listed above, except that the City Manager may extend the
probationary period for a class up to an additional six (6) months or for a marginal employee
who is on probation for up to an additional three (3) months. During the probationary period an
(19)
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employee may be terminated at any time because of unsatisfactory performance. During the
probationary period the employee's supervisor shall attempt to counsel the probationary
employee on a periodic basis, prior to the end of the probationary period regarding his
performance.
Section 2. If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the personnel office a merit
rating including a statement, in writing, to such effect and stating that the retention of such
employee in the service of the City is desired. If the services of the employee are deemed to be
unsatisfactory and his employment is to be terminated at or before the expiration of the
probationary period, the appointing authority shall notify such employee not later than two (2)
weeks prior to the end of the probationary period.
Section 3. All probationary periods shall extend to the first day of the month following the
period of probation.
Section 4. Rejection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment or at the conclusion of the probationary
period by reason of failure of the appointing power to file a statement that his services have
been satisfactory, or at the discretion of the employee, shall be reinstated to the position from
which he was promoted unless charges are filed and he is discharged in the manner provided in
the Personnel Ordinance and the rules for positions in the classified service. If there are no
vacancies in the position from which he was promoted, the provisions of ARTICLE XV shall
apply
ARTICLE XV
SENIORITY
Section 1. Employee seniority is the length of continuous service of the employee with the
City from his most recent date of hire or rehire.
Section 2
A. No employee shall acquire any seniority until he has completed his probationary
period
B. When an employee has completed his probationary period, his seniority shall date
from date of hire.
Section 3. Seniority shall apply between employees in a classification within a department
for purposes of layoff and recall if, in the objective determination of the City, the employees‘
ability, competency, and skill are substantially equal.
Section 4. Any separation from service, other than an approved leave of absence or layoff,
shall cause the employee to lose his seniority rights
(20)
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H. To determine and change the number of locations, relocations, 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 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.
J. To relieve employees from duties for lack of work or similar non-disciplinary reasons.
K. To establish and modify productivity and performance programs and standards
including, but not limited to, quality and quantity standards; and to require compliance therewith.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause
M To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of
the City
O. To determine policies, procedures and standards for selection, training and
promotion of employees.
P. To maintain order and efficiency in its facilities and operations.
Q. To establish and promulgate and/or modify rules and regulations to mqintain order
and safety in the City which are not in contravention with this Agreement.
R. To take any and all necessary action to carry out the mission of the Agency in
emergencIes.
Section 2. Except in emergencies as defined in Article XXIII, or where the City is required
to make changes in its operations because of the requirements of law; whenever the exercise
of Management’s rights shall impact on employees of the bargaining 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
Agreement or in the personnel or departmental rules and regulations and/or salary resolutions.
By agreeing to meet and confer with the Association as to the impact and the exercise of any of
the foregoing City rights, Management's discretion in the exercise of these rights shall not be
diminished.
The City shall not exercise the foregoing rights in an arbitrary or capricious or invidiously
or discriminatory manner or in such a manner as to imperil the health and/or safety of the
employees.
(22)
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ARTICLE XVII
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES
Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the pay
of all employees in the classifications and positions recognized to be represented by the
Association, who voluntarily authorize such deduction, in writing, on a mutually agreed upon
form to be provided for this purpose. The City shall remit such funds to the Association within
thirty (30) days following their deduction
Section 2. Indemnification. The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions
ortransmittal of such funds to the Association, except the intentional failure of the City to
transmit to the Association monies deducted for the employees pursuant to this Article.
Section 3. Release Time for Meet and Confer. The Association may select a maximum
of three (3) members to attend scheduled meetings with the Personnel Officer or other
management representatives on subjects within the scope of representation during regular work
hours. In addition, they may meet for a maximum of one (1) hour per meet and confer session
for the purpose of preparation of such sessions.
ARTICLE XVIII
NO STRIKE - NO LOCKOUT
PROHIBITED CONDUCT
Section I. The Association, its officers, agents, representatives and/or members agree that
during the term of this Agreement they will not cause or condone any strike, walkout, slowdown,
sick-out, or any other job action withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. 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 Agreement or
applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above,
shall be subject to termination by the City.
Section 4. 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 below in B, Section
1, the City may suspend any and all of the rights and privileges accorded to the Association
under the Employee Relations Ordinance in this Agreement including, but not limited to, right of
access, check-off, the use of the City bulletin boards and facilities.
(23)
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ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A, Section 1 above, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of
this Agreement and unlawful and they must immediately cease engaging in conduct prohibited
in A and return to work.
Section 2. If the Association performs all of the responsibilities set forth in Section 1 above,
its officers, agents, representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this Agreement in violation of Section 1 above.
ARTICLE XIX
GRIEVANCE PROCEDURE
Section 1. Grievance. Grievance shall be defined as a dispute between the Association,
employee or employees and the City. regarding interpretation or application of specific
provisions of this Agreement, personnel rules, or departmental rules and regulations.
Section 2. Conduct of the Grievance Procedure.
A. An employee may request the assistance of another person of his own choosing in
preparing and presenting his grievance at any level of review, or may be represented by a
recognized employee organization or may represent himself. The employee shall not suffer any
reprisal from management for utilizing the grievance procedure set forth herein.
B. Any retroactivity on monetary grievances shall be limited to the date that the grievance
was filed, in writing, except in cases where it was impossible for the employee to have had prior
knowledge of an accounting error.
C. All time limits specified may be extended to a definite date by mutual agreement of the
employee or his Association representative, and the decision making management
representative involved at each step of the grievance procedure. Such mutual agreement shall
be evidenced in writing and signed by the employee or Association representative and
rnanagernent representative.
Section 3. Grievance Procedure Steps. The grievance procedure shall provide for the
following steps; except for grievances that are a result of disciplinary action, which shall begin at
Step Two.
Step One. Informal Procedure. An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor within ten (10) working days from the date of
the alleged incident or action giving rise to the grievance on an informal basis. If, after such
discussion, the employee does not believe the problem has been satisfactorily resolved, he
shall have the right and obligation to discuss it with his supervisor’s immediate supervisor, if
any, and his department head, if necessary. Every effort shall be made to find an acceptable
solution by these informal means at the most immediate level of supervision. At no time may an
(24)
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informal process go beyond the department head concerned. In order that this informal
procedure may be responsive, all parties involved shall expedite this process. In no case may
more than thirty (30) days elapse from the date of the alleged incident or action giving rise to the
grievance, and the filing of a written grievance in Step Two, or the grievance shall be barred and
waived
Step Two. Department Head Response. If the grievance is a result of disciplinary
action which has been processed through the "Skelly Process”, or if the grievance is not
resolved in Step One, or if no answer has been received within five (5) working days from the
presentation of the oral grievance, the employee may, within thirty (30) working days from the
date of the incident giving rise to the grievance, present the grievance in writing to his
department head. Failure of the employee to take this action will constitute termination of the
grievance. The department head shall further review and discuss the grievance with the
employee and shall render its decision and comments, in writing, and return them to the
employee within ten (10) working days after receiving the grievance.
Step Three. Management Representative. If the grievance is not resolved in Step
Two, or if no answer has been received within time limits established in Step Two, the employee
may within ten (10) working days, present the grievance in writing to the designated
management representative for processing. Failure of the employee to take this action will
constitute termination of the grievance. In the event the employee is not being represented by a
recognized employee organization, the designated management representative shall attempt to
resolve the grievance. If the employee is being represented by a recognized employee
organization, the designated management representative shall convene a joint meeting of the
recognized employee organization and himself, within five (5) working days, in an attempt to
resolve the grievance. In the event the grievance is not satisfactorily adjusted or settled through
discussion at this level, management shall advise the employee and/or employee organization,
in writing, within ten (10) working days as to its position on the grievance.
Step Four. Grievance Hearing. If the grievance is not resolved in Step Three, the
employee may, within ten (10) working days of the receipt of the written position from
management representatives, present a “request for hearing” in writing to the Personnel
Director. However, the only grievances which may be submitted for review are matters which
have resulted in a suspension without pay, reduction in pay, demotion, termination, or otherwise
have monetary value to the employee. Failure of the employee to take this action will constitute
termination of the grievance. With the approval of the Personnel Advisory Board, the Personnel
Director shall request from the State Mediation and Conciliation Service, or mutually agreed
upon alternative organization, a list of seven (7) neutral hearing officers. In the event that the
parties cannot agree upon a mutually acceptable hearing officer from the list of seven (7), the
parties shall alternately strike names from the list, with the City striking the first name. The
identity of the last remaining individual on the list will be selected as the hearing officer.
The hearing officer shall preside over a full and fair evidentiary hearing and, within thirty (30)
calendar days of its conclusion, render a written decision that includes findings of fact and a
recommendation to the City Manager. That decision shall be served jointly upon the grieving
party and the City Manager
Step Five. City Manager’s Decision. Within thirty (30) calendar days of receipt of the
decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that
decision. The decision of the City Manager shall be the final administrative decision
(25)
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I ARTICLE XX
MISCELLANEOUS
Section 1. Substance Abuse Policy. The City of Downey and the Association have a vital
interest in maintaining safe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only to the
user but to co-workers and the citizens of Downey. The possession, use or sale of an illegal
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on duty or
being compensated on an "on call status."
The City of Downey and the Association recognize that their future is dependent on the
physical and psychological well being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol-free work environment benefits Downey employees and
citizens. The purpose of this section is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers that are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion exists, the City may require an employee to submit to a
medical examination, including, but not limited to, a substance screening. Substance screening
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system.
1. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the influence of drugs or
alcohol so that the employee's ability to perform the functions of the job is impaired or so that
the employee's ability to perform his/her job safely is reduced.
C. Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee a copy. The employee shall be given an opportunity to provide additional facts.
An employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in drug screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples,
or other body fluids, will be collected in a DOX Security Container System or other system which
includes methods or mechanisms designed to assure the integrity of the sample. The facility
used for testing shall be certified by the National Institute on Drug Abuse and comply with
established guidelines for '’chain of custody" to insure that identity and integrity of the sample is
preserved throughout the collecting, shipping, testing and storage process.
(26)
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E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected substance
or to otherwise explain, if he or she so chooses, a positive test result.
F. While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs that are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
shall notify his/her supervisor, before beginning work, when taking such medications or drugs.
In the event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be fequired. The City reserves the right to send an employee home on sick
leave under these circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse consequences to
his/her employment. Employees should be aware, however. that a request for assistance
through the EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and/or other violation of this policy or other City/department rules and regulations. the
City may refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete a
rehabilitation and/or counseling program and other terms and conditions in a "Last Chance
Agreement."
1. It is the City's intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which are a significant violation of
City/department rules and regulations or where violation did or could have resulted in serious
injury or property damage.
Section 2. Transfer Rights. The City agrees that if an employee's current supervisor or
department head does not approve an employee's transfer to another department who has
offered that employee a position, the employee may appeal the decision to the Personnel
Director
Section 3. Labor-Management Committee. Representatives of the Association and
management shall meet on a quarterly basis for purposes of improving communication and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may be
discussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
Section 4. Post Training. The City shall endeavor to have at least two (2) Public Safety
Dispatchers who have completed P.O.S.T. training in the Police Communications Center.
(27)
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Section 5. Reopener. Should the City grant additional retiree medical benefits to the
DCEA Maint. Unit or Misc. and the Association requests to meet; the City agrees to meet and
confer over retiree medical. There should be no changes without mutual agreement of the
parties
ARTICLE XXI
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
Section I. It is the intent of the parties hereto that the provisions of this Agreement shall
supersede all prior agreements and memoranda of understanding, or memoranda of
agreement, or contrary salary and/or personnel resolutions and ordinances of the City1 oral or
written, expressed or implied, agreements between the parties or understandings between the
parties, and shall govern their entire relationship and shall be the sole source of any and all
rights which may be asserted hereunder. This Agreement is not intended to conflict with federal
or state law.
Section 2. Notwithstanding the provisions of Section 1 above, there exists within the City of
DowneY, certain personnel resolutions, ordinances and departmental rules and regulations. To
the extent that this Agreement does not specifically contravene provisions of these personnel
resolutions, ordinances, departmental rules and regulations; such personnel resolutions,
ordinances and departmental rules and regulations are specifically incorporated herein.
ARTICLE XXII
WAIVER OFBARGAINING DURING TERM OF THIS AGREEMENT
During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours, and terms and conditions of employment;
whether or not covered by this Agreement or in the negotiations leading thereto and irrespective
of whether or not such matters were discussed or were even within the contemplation of the
parties hereto during the negotiations leading to this Agreement. Regardless of the waiver
contained in this Article, the parties may:
1. By mutual agreement, in writing, agree to meet and confer about any matter
during the term of this Agreement.
2. Meet and confer in accordance with Article XVI, Section 2 and Article XX, Section
ARTICLE XXIII
EMERGENCY WAIVER PROVISION
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, provisions of
this Agreement 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 over, the Association shall have the right to meet and confer with the City
(28)
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regarding the impact on employees of the suspension of these provisions in the Agreement and
any Personnel Rules and policies
ARTICLE XXIV
SEPARABILITY
Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, or by applicable laws, statutes, ordinances and regulations of the
United States of America and the State of California, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement.
ARTICLE XXV
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Agreement shall commence on November 1, 2009, and shall continue in
full force and effect until October 31, 2010
(29)
ARTICLE XXVI
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Agreement shall not be in full force
and effect until ratified by the Association and adopted by the City Council of the City of
Downey. Subject to the foregoing, this Agreement is hereby executed by the authorized
representatives of the City and the Association and entered into this 27a1 day of October, 2009.
CITY OF DOWNEY DOWNEY PUBLIC SAFETY
AUXILIARY ASSOCIATION
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Sco-tt P;-mrehn
gi;'eranne Jaeger
SmithDavid
Leisure Lee Cole
Hiler
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EXHIBIT A
CLASSIFICATIONS REPRESENTED BY THE
DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
Code Enforcement Officer
Fingerprint Evidence Technician
Fire Service Technician
Forensic Specialist
Neighborhood Preservation Coordinator
Parking Enforcement Officer
Police Aide II
Police Assistant
Police Dispatch Supervisor
Police Records Specialist I
Police Records Specialist II
Property and Evidence Technician
Public Safety Dispatcher
Regional Fire Communications Operator
Senior Forensic Specialist
Street Sweeping Enforcement Officer
(31 )