HomeMy WebLinkAbout09. Police Officers Association MOU
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY POLICE OFFICERS' ASSOCIATION
June 30, 2008 - June 30, 2012
(With DPOA Option to Extend to June 30, 2013)
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY POLICE OFFICERS' ASSOCIATION
ARTICLE NO. TITLE OF ARTICLE PAGE NO.
I RECOGNITION 1
II NON-DISCRIMINATION 1
III BASIC COMPENSATION PLAN 1
Sec. 1 - Salary Increases/Adjustments/Retroactive Pay 1
Sec. 2 - Plan of Salary Schedules 2
Sec. 3 - Eligibility for Merit Salary Advancement 2
Sec. 4 - Salary Schedule Step Reduction 3
Sec. 5 - Merit Longevity 3
Sec. 6 - Education Incentive Pay 4
Sec. 7 - Court Time/Call In Pay 4
Sec. 8 - Special Assignment Pay 5
Sec. 9 - Uniform Allowance 6
Sec.10 - K-9 Program Assignment 6
Sec.11 - Standby Compensation - Duty Supervisor 6
Sec.12 - Bilingual Pay 6
Sec.13 - Acting Sergeant Pay 6
Sec.14 - Temporary Sergeant Pay 7
Sec.15 - Acting Watch Commander 7
IV WORK WEEK 7
Sec. 1 - Regular Work Week 7
Sec. 2 - Normal Work Week Schedule 7
Sec. 3 - Changes in Normal Work Week Schedule 7
Sec. 4 - New Shift Schedule 7
V OVERTIME (COMPENSATORY TIME) 8
Sec. 1 - Compensation for Overtime 8
Sec. 2 - Overtime Discouraged 8
VI HOLIDAYS 9
VII VACATION 10
DPOA MOU 2008-2012
i
VIII LEAVES OF ABSENCE 11
Sec. 1 - Leaves of Absence Without Pay 11
Sec. 2 - Written Notice of Intent to Return 11
Sec. 3 - Outside Employment While on Leave 11
Sec. 4 - Sick Leave 11
Sec. 5 - Emergency Leave 13
Sec. 6 - Workers’ Compensation Injury on Duty 13
Sec. 7 - Employee Disability Leave 13
Sec. 8 - Military Leave 14
Sec. 9 - Jury Duty 14
IX FRINGE BENEFIT ADMINISTRATION 14
X HEALTH, DENTAL AND LIFE INSURANCE 15
Sec. 1 - Medical Insurance 15
Sec. 2 - Dental Insurance 16
Sec. 3 - Life Insurance 17
XI RETIREMENT 18
Sec. 1 - PERS Coverage 18
Sec. 2 - Employees’ PERS Contribution 18
Sec. 3 - Retiree Medical Annuity 18
Sec. 4 - 3% at age 50 Retirement Benefit 19
XII TUITION REIMBURSEMENT 19
XIII PROBATIONARY PERIOD 20
XIV SENIORITY 21
Sec. 1 - Definition 21
Sec. 2 - Probationary Employees Excluded 21
Sec. 3 - Layoff and Recall 21
Sec. 4 - Bumping Rights 21
Sec. 5 - Seniority Bidding 21
XV CITY RIGHTS 21
XVI EMPLOYEE ORGANIZATION RIGHTS AND 23
RESPONSIBILITIES
Sec. 1 - Dues Deduction 23
Sec. 2 - Indemnification 23
XVII NO STRIKE - NO LOCKOUT 23
DPOA MOU 2008-2012
ii
XVIII GRIEVANCE PROCEDURE 24
Sec. 1 - Grievance 24
Sec. 2 - Conduct of Grievance Procedure 24
Sec. 3 - Grievance Procedure Steps 24
XIX MISCELLANEOUS 26
Sec. 1 - Third Party Legal Actions Against Police Officers 26
Sec. 2 - Substance Abuse Policy 26
XX SOLE AND ENTIRE MEMORANDUM OF 28
UNDERSTANDING
XXI WAIVER OF BARGAINING DURING TERM OF THIS 28
AGREEMENT
XXII EMERGENCY WAIVER PROVISION 28
XXIII SEPARABILITY 29
XXIV TERM OF MEMORANDUM OF UNDERSTANDING 29
XXV RATIFICATION AND EXECUTION 30
DPOA MOU 2008-2012
iii
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY POLICE OFFICERS' 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 Police Officers' Association as
the majority representative of sworn personnel members of the Downey Police Officers' Association
including all employees in classifications listed on Exhibit A, excluding all other personnel of the
Police Department. The City has recognized the Downey Police Officers' Association for the
purpose of meeting its obligations under the Meyers-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 to 3511.
Section 2.
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 provisions of this Agreement 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 Memorandum of Understanding, 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 employment of the handicapped.
ARTICLE III
BASIC COMPENSATION PLAN
Section 1Salary Increases/Adjustments/Retroactive Pay.
.
A. All employees covered by this Memorandum of Understanding shall receive the
following
salary increases:
DPOA MOU 2008-2012
1
1. Effective June 30, 2008 - five per cent (5%). Employees who are on payroll the date
of the adoption of the agreement and employees who have retired after June 30,
2008 shall be eligible for the retroactive adjustment
2. Effective June 29, 2009 - four and one-quarter per cent (4.25%).
3. Effective June , 27, 2011– four and one-quarter per cent (4.25%). If by May 31,
2011, the Association notifies the City Manager in writing of its decision to exercise the option of
extending the Memorandum of Understanding for an additional year through June 30, 2013
pursuant to Article XXIV, this four and one-quarter percent (4.25%) increase shall be effective
June 25, 2012.
Section 2Plan of Salary Schedules
. .
A.Description of Schedules. The Pay Plan consists of a set of monthly salary schedules.
Each schedule 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 rate
which includes all forms of pay 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 increase 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 advancement 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 fully effective work performance shall
be qualified to advance to the salary steps B, C, D and E.
DPOA MOU 2008-2012
2
C.Merit Evaluation.
1. Every employee shall receive an objective, written job performance rating no sooner
than three (3) weeks before, nor 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 an authorized supervisor from giving an additional
objective rating to an employee between those periods of time described in this
section.
2. An employee shall receive a rating from that level of supervisor having immediate
knowledge of the employee's performance. This rating shall be reviewed by the
department head. If an employee does not receive a merit increase due to the
performance evaluation, the employee may appeal through the Grievance
Procedure. If an employee can show that other employees have received merit
increases and have received substantially the same performance evaluation within
the last twelve (12) months of that being appealed, that fact shall be sufficient to
support the appeal.
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 reductions in pay.
Section 5. Merit Longevity.
A.Eligibility for Merit Longevity. Upon approval of the appointing power, permanent
employees who have completed five (5), ten (10), twenty (20), and twenty-five (25) years of
service with the City of Downey may receive merit longevity pay adjustments as follows. Effective
December 23, 2002, years of service served as a POST certified Peace Officer in another agency
shall apply toward longevity eligibility as though earned in Downey.
ServiceCompensation Adjustment
5 years One-half (1/2) step above the monthly base rate (2.75%)
10 years One (1) step above the monthly base rate (5.5%)
20 years One and one-half (1-1/2) steps above the monthly base rate (8.25%)
25 years Four and three-quarters (4.75%) above the monthly base rate
(13.0%)
B.Qualification for Merit Longevity. Merit Longevity pay 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 department standards" of
performance as defined by a comprehensive rating reporting form, or the equivalent rating on any
revised reporting form.
DPOA MOU 2008-2012
3
Section 6. Education Incentive Pay.
Employees covered by this agreement shall receive
additional compensation at the following rates upon attainment of the applicable educational level.
A. 2.75% per month for Associate in Arts degree and/or Intermediate Police Officers
Standards and Training Certificate. Effective June 23, 2003, an additional 1.25% shall be paid for
degree and/or certificate (for a total of 4%). Effective June 30, 2008, an additional 1% shall be paid
for degree and/or certificate (for a total of 5%). Effective June 29, 2009, an additional 1% shall be
paid for degree and/or certificate (for a total of 6%).
B. 5.5% per month for Bachelor's degree or Advanced Police Officers Standards and
Training certificate. Effective June 23, 2003, an additional 2.0% shall be paid for degree and/or
certificate (for a total of 7.5%). Effective June 30, 2008, an additional 1% shall be paid for degree
and/or certificate (for a total of 8.5%). Effective June 29, 2009, an additional 1% shall be paid for
degree and/or certificate (for a total of 9.5%).
C. Degrees stated above may be substituted by equivalent college units. Equivalent
Bachelor's degree units must be one-half lower division and one-half upper division of the total units
required for the degree.
Section 7. Court Time/Call in Pay
.
A. Court time is time required to be spent by safety members of the Police Department in
response to a subpoena, a coroner'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 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 VIII, Section 4, of this Agreement, or Workers'
Compensation as described in Article VIII, Section 6, or when testifying at any grievance, City
Council or other hearing on behalf of himself, another employee or the Association, shall not accrue
additional time or compensation as court time.
B.Compensation for Court Time. Any off duty safety member of the Police Department
shall be compensated as follows:
1. Criminal Witness. He shall be paid at the applicable hourly rate or, with the approval
of the Chief of Police he may, in lieu of pay, accumulate any portion of his 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 applicable hourly
rate of pay.
2. Civil Witness (in line of duty). Any such officer shall receive his normal salary (and
expenses, if any) from his 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 pay day following
such court appearance. The Chief of Police shall make a report to the Director of
Finance prior to each pay date, listing the member's earning benefits under this
DPOA MOU 2008-2012
4
Section. Such report shall indicate the court time each member earned in the
previous pay period and whether he has elected to receive equivalent time as leave
of absence pay when appearing as a witness.
4. Standby Compensation: Minimum standby time for court assignments shall be
compensated at the rate of time and one-half as follows:
a. Two (2) hours pay for the morning standby.
b. Two (2) hours pay for the afternoon standby.
c. Effective September 29, 2008, If the employee is called into court, or called in for
duty, the employee shall be paid four hours or the actual number of hours in
court or worked whichever is greater.
Section 8. Special Assignment.
A.Corporal Program. The Chief of Police shall have the authority and discretion to
designate and/or remove any Police Officer as a Police Corporal up to budget authority. The Chief
of Police will also have the authority to establish job requirements and duties for Police Corporal.
Police Officers designated and assigned as Police Corporals shall receive 5-1/2% per month as
additional compensation above their regular scheduled rate of pay while being assigned as Police
Corporals.
B.Motorcycle Officers. The Chief of Police has the authority and the discretion to
designate and/or remove any police officer as a motorcycle officer up to budget authority. Police
officers who are assigned as motor officers shall receive a motor officer bonus of 11% per month
above the officer's rate of pay to ride a two-wheel (2) motorcycle. Any police officer who is
designated and assigned by the Chief of Police as a motorcycle officer to ride on a full-time basis a
three-wheel (3) motorcycle shall receive 5-1/2% per month above the officer's regular scheduled
rate of pay. The number of officers on any shift designated as motorcycle officers, either to ride a
two-wheel or three-wheel motorcycle, shall not exceed the number of motorcycles of that category
actually in use on that shift.
C.Field Training Officer (FTO) Program. Effective December 30, 1996, the Chief of Police
shall have the authority and discretion to designate and/or remove any Police Officer as an FTO up
to budget authority. The Chief of Police will also have the authority to establish job requirements
and duties for FTO. A Police Officer designated and assigned as a FTO shall receive 2.75% per
month as additional compensation above their regular scheduled rate of pay while being assigned
as an FTO. Effective September 29, 2008, FTO pay shall be increased to 3.5% and employees so
designated shall receive such compensation at all times. The Association and its members
understand, agree and acknowledge that the removal of the FTO assignment does not constitute a
punitive action under Government Code 3304 (B). An officer who is removed from the FTO
assignment shall be entitled to grieve the removal, but, in no instance shall be allowed to grieve
beyond Step Three of the grievance procedure contained in this MOU.
D.Assignment Removal Appeal. The removal of an officer from an assignment, other than
the FTO program, shall be subject to the Grievance Procedure.
E.Maximum Bonus. The maximum additional compensation any officer shall receive under
DPOA MOU 2008-2012
5
this section shall be 11% of the officer's rate of pay. However, effective September 29, 2008, Motor
Officers who are assigned to train a new police officer shall be eligible for FTO pay (3.5%
assignment bonus) for hours worked when they are actually training an officer. This is an exception
to the maximum bonus provision and only applies when the Motor Officer is performing training.
Section 9. Uniform Allowance.
Required uniforms of sworn police personnel that become
worn may, at the discretion of the Chief of Police, be surveyed and replaced as necessary. The
Chief of Police shall permit maximum discretion of the employees in the selection of items of the
uniform provided, however, that the officer shall meet uniform standards within ten (10) working
days after notice. A decision as to what constitutes standard issue uniform and if replacement is
necessary shall be determined by the Administrative Lieutenant and may be appealed through the
ranks to the Chief.
Effective July 1, 2005, employees covered by this MOU will receive $175.00 annually, payable the
first payroll period in July, for the purpose of maintaining their uniforms. Uniforms shall be
maintained in accordance with Section 5.0 of the Manual of the Downey Police Department.
Section 10. K-9 Program Assignment.
A.Response Time. It has been agreed by the parties that in order to be eligible to qualify
as dog handler, an officer must be able to respond from his place of residence to the Downey
Police Department within a maximum of thirty (30) minutes.
B.Shift Rotation. It is agreed that dog handlers will rotate shifts each six (6) months. The
selection of shifts within the program shall also rotate. Seniority will not be a factor in this rotation.
Section 11. Standby Compensation - Duty Supervisor. ,
Effective September 29, 2008any
sworn unit member who is designated by management to be the Duty Supervisor or to be on
standby for any portion of the period from 5:00 p.m. on Friday to 8:00 a.m. on Monday shall be
compensated for stand by timeby receiving fifteen (15) hours compensatory time. Any sworn unit
member who is designated by management to the City Supervisor or to be on standby during a
holiday (defined as the time period starting with the end of the shift prior to the holiday to the
beginning of the shift following the holiday, shall be compensated by receiving five (5) hours
compensatory time. The Duty Supervisor or any unit member designated by management to be on
standby shall be required to carry a beeper or other communication device and answer all calls
from the department in a timely manner.
Section 12. Bilingual Pay.
Employees required to speak or translate Spanish, or other
language designated by the City Manager, as part of their regular duties will be compensated
$23.08 per bi-weekly pay period in addition to their regular salary. The Chief of Police has 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 Chief of Police to administer
such examination. Employee must recertify at least every eighteen (18) months to maintain the
eligibility. Effective December 30, 1999, bilingual pay will be compensated at $46.15 per biweekly
pay period.
Section 13. Acting Sergeant Pay.
An employee is eligible to receive acting pay of 5.5%, if
DPOA MOU 2008-2012
6
the employee is a Corporal and is assigned as an Acting Sergeant. The Corporal shall receive
bonus compensation in the amount of an additional 5.5% for all hours worked in the acting capacity.
The department shall not fill a vacant Sergeant position with an Acting Sergeant for more than
thirty (30) calendar days. Serving in an acting capacity shall not be used as a basis for, or in
support of, a request for reclassification.
Section 14. Temporary Sergeant Pay.
The Chief of Police may temporarily appoint a Police
Officer to a Sergeant position. Such temporary appointments may only occur because a budgeted
Sergeant's position is unfilled due to vacancy, injury, or illness. The Chief of Police shall appoint a
temporary Sergeant from the top tier on the current Sergeant's Eligibility List, unless valid
justification to the contrary is presented by the Chief of Police. While on temporary appointment, an
employee's salary shall be adjusted in the same manner as if the employee had been promoted to
Sergeant, but in no event shall the amount be less than 5.5%. Removal from a temporary
assignment shall not necessarily be considered disciplinary action. This section shall have no
impact on the Chief of Police's ability to promote any person to a Sergeant's position per the City's
Personnel Rules and Regulations.
Section 15. Acting Watch Commander/Lieutenant Pay.
Effective September 29, 2008, an
employee in the classification of Police Sergeant is eligible to receive additional compensation in
the amount of 5.5% above their regular scheduled rate of pay when assigned as an acting Watch
Commander/Lieutenant for more than four consecutive hours in a shift. The Sergeant shall receive
this bonus compensation for hours worked in the acting capacity. Serving in an acting capacity
shall not be used as a basis for, or in support of, a request for reclassification.
ARTICLE IV
WORK WEEK
Section 1. Regular Work Week.
The regular work week for all employees covered by this
Agreement shall be forty (40) hours per week.
Section 2. Normal Work Week Schedule.
In order to provide for the public safety and
efficiency of operation, the Chief of Police shall have the authority to allocate resources and
establish work schedules of employees in work periods of five (5) or four (4) days. For sworn
personnel, the normal workweek shall consist of four (4) ten (10) hour work days with lunch
included. 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 week of individual
employees.
Section 3. Changes in 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 written notice of such change as far in advance as is
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.
DPOA MOU 2008-2012
7
Section 4. New Shift Schedule.
The parties have agreed to implement a modified work
schedule to the existing 4-10 schedule for uniformed police patrol personnel under the following
conditions:
a. The new schedule will be the 3/12.5 schedule that consists of employees working each
week three consecutive work days of 12.5 consecutive work hours each, inclusive of paid
breaks and meal periods. In addition, each employee will work one 10-hour shift once
each 28 days.
b. Employees who work in administration, the detective division, and other non-patrol
assignments will continue to work their current work schedule and the schedule above will
not apply to those positions.
c. Pursuant to Section 7(k) of the Federal Labor Standards Act (FLSA), the work period
begins at 12:01 a.m. Monday and ends fourteen (14) days later at 12:00 a.m.
d. For the term of this agreement (whether June 30, 2012 or June 30, 2013), the 3/12.5
work schedule for patrol shall remain in effect. If either the Police Chief or the
Association determines the 3/12.5 work schedule is no longer desirable, that party shall
provide written notice to the other party of its election to return to the 4/10 work
schedule upon expiration of the term of the agreement. Such notice must be provided
by June 1 of the last year of the agreement. The 4/10 work schedule shall be
reinstated July 1 of that year, or as soon as reasonably practicable, thereafter. In the
event that such written notice is not provided by June 1 of the final year of the
agreement, the 3/12.5 work schedule shall be permanent.
ARTICLE V
OVERTIME (COMPENSATORY TIME)
Section 1. Compensation for Overtime.
All authorized overtime for employees shall be paid
at time and one-half the regular hourly rate of pay for such employees. Overtime shall be paid on
all hours worked in excess of forty (40) hours in the employee's work week and for all hours worked
in excess of a normal shift. All paid leave shall be counted as hours worked. Employees may elect
to accumulate compensatory time in lieu of taking overtime pay. The Cityshall pay off all CTO
st
hours in excess of 300 hours as of February 1 of each year.
Section 2. It is the policy of the City that overtime work is to be discouraged.
However, in
cases of emergency or whenever public interest 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 may be authorized by the
department head or his designate.
DPOA MOU 2008-2012
8
ARTICLE VI
HOLIDAYS
Section 1.
Employees covered by this Agreement shall receive eleven (11) days pay each year,
which shall be compensated as follows:
PERSONNEL ON A 10-HOUR SHIFT
A. If an employee works on a scheduled holiday, he/she will receive the ten (10) hours of
holiday pay. In addition, the employee will receive fifteen (15) hours of compensation for having
worked on the holiday. The fifteen (15) additional hours of holiday compensation may be taken in
the form of compensatory time off.
B. If a scheduled holiday falls on the employee's regular day off, he/she will receive ten (10)
hours of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off, he/she
will receive ten (10) hours of holiday pay for the day off and no additional compensation.
PERSONNEL ON A 9-80 SCHEDULE
A. If an employee works on a scheduled holiday which falls on a scheduled 9-hour day,
he/she will receive the nine (9) hours of holiday pay. In addition, the employee will receive thirteen
and one-half (13.5) hours of compensation for having worked the holiday. The thirteen and one-half
(13.5) additional hours of holiday compensation may be taken in the form of compensatory time off.
B. If a scheduled holiday falls on the employee’s regular day off, he/she will receive nine (9)
hours of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off,
he/she will receive nine (9) hours of holiday pay for the day off and no additional compensation.
D. If the holiday falls on the scheduled eight-hour day, the eight (8) hour shift benefit
described below shall apply.
PERSONNEL ON AN 8-HOUR SHIFT
A. If an employee works on a scheduled holiday, he/she will receive the eight (8) hours of
holiday pay. In addition, the employee will receive twelve (12) hours of compensation for having
worked on the holiday. The twelve (12) additional hours may be taken in the form of compensatory
time off.
B. If a scheduled holiday falls on an employee's regular day off, he/she will receive eight (8)
hours of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off,
he/she will receive eight (8) hours of holiday pay for the day off and no additional compensation.
DPOA MOU 2008-2012
9
ARTICLE VII
VACATION
Section 1.
Employees covered by this Agreement shall accrue vacation leave with pay on the
following scheduled basis:
Years of Service Hours per Year
0 - 3 80
4 - 5 96
6 -10 120
11-15 136
16-20 160
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 accrual at the employee’s current regular rate of pay.
Section 3
. When an employee who has become entitled to receive vacation under this Article
separates from City service, 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
. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the
number of hours per year to which the employee is eligible to receive based upon the employee's
years of service with the City.
Section 5.
Employees, who are separated from their employment with the City after
completion of the probationary period, shall be paid all accrued vacation at the employee's current
vacation schedule and hourly rate. The employee shall be entitled to be paid for accrued vacation
for each full month of service worked by the employee during the employee's employment with the
City.
Section 6
. In the event any employee works 15 days or more but less than a full month, he
shall be entitled to receive one-half (1/2) of his monthly vacation accrual. An employee who works
less than 15 days shall not be entitled to receive any vacation accrual prorated for the last month
worked.
DPOA MOU 2008-2012
10
ARTICLE VIII
LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay.
The City Manager and/or the City Council 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. 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 reinstated in the position held at the
time the 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 the leave shall be
considered a voluntary resignation, provided that the employee may appeal this automatic
termination through the grievance procedure as though it were a non-voluntary termination. 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.
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 without prior approval of the City Manager shall be
subject to termination. Any employee who falsified 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 at the rate of ten (10) hours per month. Sick leave shall not
be considered as a privilege which 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 be accrued at the
rate of one-hundred twenty (120) hours per year 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 half (1/2) an hour of the time set for beginning duty. In all
instances, if an employee is incapacitated, notification shall be waived until a reasonable period has
elapsed. 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 three (3) work days or more, the
department head 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 service of the City.
DPOA MOU 2008-2012
11
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 in 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.
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 physician.In the event of a conflict of opinion and/or
recommendation of the two physicians, a third physician shall be selected by the first two
physicians and the final decision shall be made by the City Manager based upon the medical
evidence submitted to him.
G. Unused Sick Leave Deposited into Retiree Medical Savings Plan.
1. Effective September 29, 2008, upon retirement of an eligible employee, 100% of the
employee’s unused accumulated sick leave up to a maximum of 1,900 hours shall be
deposited into the City Retirement Health Savings Plan to be used for eligible medical
expenses.
2. In the event an opinion letter from the Internal Revenue Service is obtained which
confirms that employees may elect either to (1) convert unused sick leave to another
form of leave prior to retirement; or (2) apply those hours to future medical expenses
without being taxed, the City agrees that it shall, at the request of the Association,
delete this Section H from the MOU and reinstate the option to convert 65% of unused
sick leave to another form of leave (to be agreed upon) or to roll over 90% into the City
Retirement Health Savings Plan.
H. Accrued sick leave shall be valued for the purpose of Section G above for employees
hired on or after June 30, 1974, only on the following basis:
1. Sick leave earned on or after July 1,1974, shall be calculated at the rate prevailing
at the end of the fiscal year in which it was earned.
2. 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 hired prior to June 30, 1974; and/ or
retirees with 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 paid at the prevailing rate.
DPOA MOU 2008-2012
12
I. Employees who become entitled to accrued sick leave allowance which has not been
used, may convert sixteen (16) hours of accumulated sick leave to eight (8) additional hours of
vacation, after having accumulated three-hundred sixty (360) hours of sick leave and providing that
not more than eighty (80) 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, which is deducted from accumulated sick leave. Immediate family shall include and
be limited to mother, father, brother, sister, spouse, child, current in-laws, and grandparents of any
eligible employee of the City.
B. For absences under this Section exceeding a total of three (3) working days in any
six-month (6 mo.) period, a physician's certificate verifying the 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. Workers' Compensation Injury on Duty.
Employees covered by this Agreement
shall be entitled to all rights provided under Section 4850 of the Labor Code.
Section 7. Employee Disability Leave.
A. An employee that has at least one year of continuous service with the City and who has
exhausted all accrued leave (vacation, sick-leave, comp time) due to non-industrial illness or injury
can be advanced sick leave time at the rate of 75% of the employee’s regular salary according to
the following table:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
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.
DPOA MOU 2008-2012
13
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 five 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-mat 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
Section 8. Military Leave.
Military Leave shall be granted in accordance with the provisions
of state and/or federal law. All employees entitled to military leave shall give the appointing power
an opportunity, within the limits of military regulations to determine when such leave shall be taken.
Section 9. Jury Duty.
Employees who are called for jury duty shall be granted a leave of
absence during the period of jury service. The City will pay the difference between the employee's
compensation for jury duty and his regular rate of pay. Time served by an employee for jury service
shall not be counted towards the computation of overtime pay and employees shall not receive
overtime pay for participating in jury service.
ARTICLE IX
FRINGE BENEFIT ADMINISTRATION
Section 1. Administration.
The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that exist during the term of this Memorandum of
Understanding except dental insurance.
Section 2. Selection and Funding.
In the administration of the fringe benefit programs, the
DPOA MOU 2008-2012
14
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 this Memorandum of Understanding, provided that the
benefits of the employees shall be no less than those in existence as of the implementation of this
Agreement.
Section 3. Changes.
If, during the term of this Memorandum of Understanding, any changes
of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall
meet with discuss the matter prior to any change of insurance carrier or method of funding the
coverage.
ARTICLE X
HEALTH, DENTAL AND LIFE INSURANCE
Section 1. Medical Insurance.
A. The City shall continue to contribute 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
months with a $70 frame allowance.
B. 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 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 notified the City during the open enrollment period.
The City agrees that an employee who opts-out of the City provided medical insurance plan and
whose medical insurance is through someone other than another City employee, shall receive
$81.00 per month if the employee had “employee only” coverage, $162.00 per month if the
employee had “employee plus one” coverage, or $229.00 per month if the employee had “family
coverage”. The employee may elect to have the appropriate opt-out amount added to the
employee's paycheck or to be applied to the City's deferred compensation plan.
If an employee opts-out of a City provided medical insurance plan, but that employee’s medical
insurance is through another City employee’s insurance plan, the withdrawing employee shall be
compensated as follows:
a. If the withdrawing employee is covered by a relative who is enrolled in the
City Plan health insurance, the employee shall receive $81.00 per month,
regardless of his or her level of coverage (single, two-party or family) prior to
DPOA MOU 2008-2012
15
withdrawal;
b. If the withdrawing employee is covered by a relative who is enrolled in the
City’s Kaiser health plan, the withdrawing employee shall be paid according
to the following table:
Employee AEmployee BOpt out per month
Single Single $ 81.00
Single Emp + 1 81.00
Single Emp + 2 81.00
Emp + 1 Emp + 1 162.00
Emp + 1 Emp + 2 or more 162.00
Emp + 2 or more Emp + 2 or more 229.00
C. If an employee dies in the line of duty, the surviving spouse and eligible dependants
shall be able to continue coverage by paying the appropriate premium.
D.Citywide Medical Committee – A Committee, consisting of one 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 will continue to make a maximum contribution of
$31.95 per month per employee for Safeguard dental insurance coverage. Effective January 1,
2006 (benefit year 2006), the City agrees to increase the maximum benefit under the Delta Dental
coverage from $1,000 to $2,000 for each enrollee per calendar year. The city agrees to absorb any
increase in cost and the association agrees that the employee’s contribution will continue to be
$37.52 per month. The City and Association agree that the City’s contribution amount will be
capped at the amount equal to the premium to be effective July 1, 2007 minus the employee
contribution of $37.52. For the Delta Dental rate that will be effective July 1, 2008 and each year
thereafter, the City shall calculate the City and employee contribution as follows: In May of each
year, the City shall calculate the overall premium increase based on claims experience,
administrative fees and an industry trending projection. The difference between the City
contribution in effect at the time of the rate calculation and thirty -one dollars and ninety-five
DPOA MOU 2008-2012
16
cents ($31.95) will be multiplied by the percent of the overall premium rate increase from the year
before. The number will then be added to the previous City contribution to become the new City
contribution. The new amount will be communicated to all employees during the open enrollment
period in the month of June.
An example of the calculation is shown below:
Current City $31.95
Current Employee $37.52
Total $69.47
As of July 1, 2006
Increase for new cap $10.00
Current
rateIncreaseNew Amts
New City $ 31.95 $ 10.00 $ 41.95
New Employee $ 37.52 $ 37.52
Total $ 79.47
As of July 1, 2007
Increase in costs $ 10.00
New City $ 41.95 $ 10.00 $ 51.95
New Employee $ 37.52 $ 37.52
Total $ 79.47 $ 89.47
As of July 1, 2008 New Amts
% increase 5% $ 93.94
Cap cost Increase
New city $ 51.95 $ 20.00 $ 1.00 $ 52.95
New Employee $ 37.52 $ 40.99
Total $ 93.94
As of July 1, 2009
% increase 5% $ 98.64
New City $ 52.95 $ 21.00 $ 1.05 $ 54.00
New Employee $ 40.99 $ 44.64
Total $ 98.64
Section 3. Life Insurance.
Each employee covered by this Agreement shall be provided with
a group term life insurance benefit of $10,000.
DPOA MOU 2008-2012
17
ARTICLE XI
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.
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 9%) 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 shall
be entitled to participate in the City sponsored medical plans; for employees who retire after July 1,
1987, the City shall contribute up to a maximum of $98.00 per month toward the premium for
employee only coverage under the City sponsored medical plans; and for employees who retire
after July 1, 2002, the City shall contribute up to a maximum of $200.00 per month toward the
premium for employee and dependents; and for employees who retire after July 1, 2003, the City
shall contribute up to a maximum of $235.00 per month toward the premium for employee and
dependent; and for employees who retire after July 1, 2004, the City shall contribute up to a
maximum of $270.00 per month toward the premium for employee and dependents 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.
D. The City's obligation to pay said monthly contributions shall be modified downward or cease
during the lifetime of the retiree upon the happening of any one 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 means 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.
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.
DPOA MOU 2008-2012
18
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, the monthly contributions shall cease. The
surviving spouse shall be able to continue coverage by paying the appropriate premium.
E.Medical Reimbursement Eligibility. Effective September 29, 2008, a retiree covered by
this section who no longer resides in California and relocates his or her primary residence to a City
that is not reasonably served by Kaiser (or the City’s HMO provider, if Kaiser is no longer the HMO
provider) may elect to discontinue coverage under any of the City sponsored medical plans,
effective at the end of any calendar quarter. In such a case, the retiree may present the City with
proof of payment for alternate health insurance coverage and receive from the City reimbursement
on a quarterly basis for the cost of the alternate insurance up to the amount to which the retiree is
entitled in Section 3 above. Once a retiree withdraws from eligibility to participate in a City
sponsored health plan for coverage under an alternate insurance plan, the retiree may not re-enroll
in a City sponsored medical plan.
Medical reimbursement will cease upon the occurrence of any of the following:
1. The retiree fails to submit appropriate proof of payment for alternate health insurance
coverage within sixty (60) days of the end of the reimbursement quarter.
2. The death of the retiree
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 survey comparisons.
Section 4. 3% at age 50 Retirement Benefit.
Effective July 23, 2001, the City shall amend
the contract with the Public Employee’s Retirement System PERS) to implement the benefits of
Government Code Section 21362.2, to provide the 3% at 50 retirement formula.
ARTICLE XII
TUITION REIMBURSEMENT
Section 1 Reimbursement Rates.
.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 head with job related
justification and approved by the City Manager, with quarterly reports 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
charged at California State University at Los Angeles for courses on the quarter system, and
DPOA MOU 2008-2012
19
California State University at Long Beach for courses on the semester system. The employee will
be reimbursed for required books only.
ARTICLE XIII
PROBATIONARY PERIOD
Section 1. Length of Probation/Extensions.
A. The appointment to Police Officer will be tentative and subject to a probationary period
of not less than eighteen (18) months, except that the City Manager may extend the probationary
period for a classification up to an additional six (6) months or for a marginal employee for up to an
additional three (3) months. Should the appointing authority desire to terminate any probationary
employee, the appointing authority shall notify such employee not later than two (2) weeks prior to
the end of the probationary period.
B. The promotional appointment will be tentative and subject to a probationary period of not
less than 12 months, except as follows:
1. At the discretion of the Chief, time may be credited for continual service as a
Temporary Sergeant on a case-by-case basis and the length of the probationary
period/merit increase date will be established at the time the officer is promoted to
probationary Sergeant. In no case will the credited time exceed six months.
2. Time is credited for Temporary Appointment only ( no Acting Pay service as covered
under M.O.U. Article III, Section 13) and only when the Officer is appointed to
Probationary Sergeant while serving as a Temporary Sergeant with no break in
service time.
3. In the event an Officer is serving in a Temporary Appointment when the Police
Sergeant eligibility list expires, the Officer will be required to reapply and compete in
the selection process to maintain eligibility. Should the Officer not place in the top
tier on the new eligibility list, the Officer will be removed from the Temporary
appointment and the Chief will make the Temporary appointment per M.O.U. Article
III, Section 14.
Section 2Process for Retention/Termination.
.If the service of the probationary employee
has been satisfactory to the appointing authority, then the appointing authority shall file with the
personnel officer 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. In the case of an original
appointment, if such a statement is not filed, the employee will be deemed to be unsatisfactory and
his employment terminated at the expiration of the probationary period. In the case of a
promotional appointment, the employee shall be reinstated to the position from which he was
promoted.
Section 3.First of the Month
All probationary periods shall extend to the first day of the
month following the period of probation.
DPOA MOU 2008-2012
20
ARTICLE XIV
SENIORITY
Section 1. Definition
. Seniority is defined as the length of an employee's continuous service
within rank from his last date of promotion, and shall apply in the manner and to the extent set forth
in the remainder of the Article.
Section 2. Probationary Employees Excluded
. Probationary employees shall have no
seniority rights, but shall acquire seniority from his last date of hire upon completion of his
probationary period.
Section 3. Layoff and Recall
. Seniority shall apply between employees in a rank for
purposes of layoff and recall.
Section 4. Bumping Rights
. An employee who is subject to layoff pursuant to this Section
may exercise his seniority in the next lower rank within the Police Department provided that the
employee has satisfactorily held the same position in the rank in which the employee seeks to
exercise seniority. The employee with the earliest promotion date to that rank will be considered to
have seniority for that position.
Section 5. Seniority Bidding
. With respect to work assignments in the Field Operations
Division, work shifts, days off, and vacation will be based upon seniority within classification and
special assignments. Shift selection procedures involving employee bidding based upon seniority
shall be employed regularly, provided that the Chief of Police shall retain the authority and
discretion to assign individual officers to shift scheduling without regard to seniority and to insure
that a balance of experienced personnel are assigned to the respective shifts. There shall be a side
letter of agreement between the Chief of Police and the Association with regard to Police Sergeant
shift assignments.
If, in the opinion of the Chief of Police, it should become necessary to establish shift assignment
procedures departing from seniority bidding, the Chief of Police shall give written notice of such
change as far in advance as practical. Prior to implementing such a general change, the Chief of
Police shall meet and confer with the Association regarding the impact of the decision.
ARTICLE XV
CITY RIGHTS
Section 1Management Rights.
.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 the Memorandum of Understanding or by law to manage the City, as such rights existed prior to
the execution of this Memorandum of Understanding. The rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
DPOA MOU 2008-2012
21
B. To determine the necessity and organization of any service or activity conducted by the
City and expand or diminish services.
C. To determine or change the nature, manner, means, and technology, types of equipment
and extent of services to be provided to the public.
D. To determine or change methods of financing.
E. To determine and/or change the facilities and size of the work force by which the City
operations are to be conducted.
F. 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.
G. Establish and/or change work schedules and/or work assignments in accordance with
this Agreement and existing departmental rules, regulations and procedures.
H. To relieve employees from duties for lack of work or lack of funds.
I. To establish and modify productivity and performance programs and standards and to
require compliance therewith.
J. To discharge, suspend, demote or otherwise discipline permanent non-probationary
employees for proper cause.
K. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Memorandum of Understanding.
L. To determine policies, procedures and standards for selection, training and promotion of
employees.
M. To maintain order and efficiency in its facilities and operation.
N. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement.
O. To take any and all necessary actions to carry out the mission of the Agency in
emergencies.
Section 2. Impact of Management Rights.
Except in emergencies, or where the City is
required to make changes in its operations because of the requirements of law, whenever the
exercise of management's rights shall impact on employees of the bargaining unit, the City agrees
to meet and confer with representatives of theAssociation regarding the impact of the exercise of
such rights, unless the matter of the exercise of such rights is specifically provided for in this
Memorandum of Understanding or in Personnel or Departmental Rules and Regulations and/or
salary resolutions of the City which are incorporated by this reference in this Agreement.
DPOA MOU 2008-2012
22
Section 3Health and Safety.
.The City shall not exercise any of the foregoing rights in an
arbitrary, capricious or invidiously discriminatory manner as to injure the health and/or safety of the
employees.
ARTICLE XVI
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 deduction or transmittal
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.
ARTICLE XVII
NO STRIKE - NO LOCKOUT
PROHIBITED CONDUCT
Section 1
. 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 by 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 l 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 Association
Responsibility, Section l, the City may suspend any and all of the rights and privileges, accorded to
the Association under the Employee Relations Resolution in this Memorandum of Understanding
including, but not limited to, suspension of recognition of the Association, grievance procedure, right
of access, check-off, the use of the City's bulletin boards and facilities.
DPOA MOU 2008-2012
23
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 l, above, the Association shall immediately
instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum
of Understanding and unlawful, and they must immediately cease engaging in conduct prohibited in
A, Section 1, above, and return to work.
Section 2
. If the Association performs all of the responsibilities set forth in Section l above, its
officers, agents, representatives or members shall not be liable for damages for prohibited conduct
performed by employees who are covered by this Agreement in violation of Section l above.
ARTICLE XVIII
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 Memorandum of Understanding and departmental rules and regulations or as an appeal of a
disciplinary action.
Section 2. Conduct of the Grievance Procedure
. An employee may request the assistance of
another person of his own choosing in preparing and presenting his/her grievance at any level of
review, or may be represented by a recognized employee organization or may represent
himself/herself.
A. Any retroactivity on monetary grievances shall be limited to ninety (90) days prior 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.
B. 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 management representative.
Section 3. Grievance procedure shall provide for the following steps
:
Step One. Informal Procedure
. An employee must first attempt to resolve a grievance
without delay through discussion with a supervisor on an informal basis. The grievance
shall begin at the level of supervision that ultimately took the action that resulted in the
grievance. If, after such discussion, the employee does not believe the problem has been
satisfactorily resolved, he/she shall have the right and obligation to discuss it with his/her
supervisor's immediate superior, if any, and through the chain of command to the Chief of
Police 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 informal
process go beyond the Chief of Police. In order that this informal procedure may be
responsive, all parties involved shall expedite this process.
DPOA MOU 2008-2012
24
In no case may more than fourteen (14) calendar days elapse from the date of the
alleged incident or action giving use to the grievance or fourteen (14) calendar days from
the date the employee should have reasonably known about the alleged incident and the
first meeting with the supervisor discussed in this section. The employee shall have up to
seven (7) additional days for each level of supervision; however, the time shall not be
cumulative. Failure to meet any of these time lines shall mean that the grievance shall be
barred and waived.
Appeals of disciplinary action begin one level of supervision above the supervisor taking
the disciplinary action. Terminations are appealed directly to the Grievance Hearing (Step
Four).
Step Two. Formal Procedure
. If the grievance is not resolved through the informal
process and the employee has complied with all time limits, then the employee shall have
the right to file the grievance in written form and present it to the Chief of Police within ten
(10) calendar days from the decision or completion of the informal process. The written
grievance shall state all facts plus the specifics of the alleged dispute. Failure of the
employee to take action within the time limit set forth above will constitute termination of the
grievance.
The Chief of Police shall review the written material submitted by the employee and may
require the employee's supervisor and/or superior officers to submit written material
regarding this grievance. Copies of these materials will be given to the employee prior to
meeting with the Chief of Police. The department head shall render a decision and
comments in writing that shall be given to the employee within ten (10) calendar days of the
meeting between the employee and the department head.
Step Three. Employee Relations/Personnel Director
. If the grievance is not
resolved in Step Two, the employee may, within ten (10) calendar days present the
grievance in writing to the Employee Relations/Personnel Director 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 Employee
Relations/Personnel Director shall forward the grievance to the designated management
representative who shall attempt to resolve the grievance with the employee. If the
employee is being represented by a recognized employee organization, the Employee
Relations/Personnel Director shall convene a joint meeting of the recognized employee
organization and management representative who shall attempt to resolve the grievance. In
the event the grievance is not satisfactorily adjusted or settled through discussion at this
level, both parties shall advise each other, in writing, as to their respective positions.
Step Four. Grievance Hearing
. If the grievance is not resolved in Step Three, the
employee may, within ten (10) calendar days of the receipt of the written position from
management representatives, present a “request for hearing” in writing to the Personnel
Director. Failure of the employee to take this action will constitute termination of the
grievance. 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, the parties shall alternately strike names from the list, with the City striking
DPOA MOU 2008-2012
25
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.
ARTICLE XIX
MISCELLANEOUS
Section 1.Third Party Legal Actions Against Police Officers.
If a determination is made by
the department that the police officer(s) involved have met the condition that the action given rise to
the legal proceeding was taken by the officer(s) during the course and scope of the officer(s)
employment without malice and in the apparent best interest of the City, the City shall afford legal
representation to the officer(s) in any civil or criminal process. The choice of attorney shall be made
by the majority vote of the Chief of Police, City Manager, and officer(s). The Chief of Police, City
Manager and the officer(s) shall each have one (1) vote for a maximum total of three (3) votes.
Section 2. 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's 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.
DPOA MOU 2008-2012
26
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.
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 which 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 required. 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
DPOA MOU 2008-2012
27
and conditions in a "Last Chance Agreement." An example of the type of terms and conditions the
City may require is included in Attachments I and II.
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.
ARTICLE XX
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1
. It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and memorandums of understanding, or
memorandums of agreement, or contrary salary and/or personnel resolutions and ordinances of the
City, 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 Memorandum of Understanding 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, regulations and
procedures. To the extent that this Memorandum does not specifically contravene provisions of
these personnel resolutions, ordinances, and departmental rules, regulations and procedures; these
personnel resolutions, ordinances, and departmental rules, regulations and procedures are
specifically incorporated herein.
ARTICLE XXI
WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT
During the term of this Memorandum of Understanding, 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 Memorandum or in the negotiations leading thereto
and irrespective of whether or not such matters were discussed or were within the contemplation of
the parties hereto during the negotiations leading to this Memorandum. Regardless of the waiver
contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet
and confer about any matters during the term of this Memorandum.
ARTICLE XXII
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
Memorandum of Understanding 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
DPOA MOU 2008-2012
28
with the City regarding the impact on employees of the suspension of these provisions in the
Memorandum of Understanding and any Personnel Rules and policies.
ARTICLE XXIII
SEPARABILITY
Should any provision of this Memorandum of Understanding be found to be inoperative, void, or
invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
ARTICLE XXIV
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on June 30, 2008 and shall
continue in full force and effect until June 30, 2012
The Association has the unilateral option to extend the term of this Memorandum of
Understanding to June 30, 2013 by providing written notice to the City Manager on or about May
31, 2011.
DPOA MOU 2008-2012
29
ARTICLE XXV
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 ____ day of _______, 2010.
CITY OF DOWNEY: THE DOWNEY POLICE OFFICERS' ASSOCIATION:
By: By:
Irma Youssefieh, HR Director Mike Pope, President D.P.O.A
By: By:
Rick Esteves, Police Chief Scott Loughner, Vice President
By:
Chris Hansen, Treasurer
By:
Steve Aubuchon, Secretary
By:
Paul Hernandez, Member at Large
DPOA MOU 2008-2012
30
EXHIBIT A
CLASSIFICATIONS REPRESENTED BY THE DOWNEY POLICE OFFICERS' ASSOCIATION
Police Officer
Police Sergeant
DPOA MOU 2008-2012
31